Disposed

Uddan Khetra Committee and Anr. v. the State of Assam and 6 Ors.

Gauhati HC7 Oct 2020WP(C)/1741/2020

Case brief

AI extract

What is this about?

Petitioners, franchisees under the IBDF scheme, approached the High Court after their agreement was terminated and a claim for refund of outstanding dues remained unaddressed. The Court directed the respondent to consider the representation and dispose of the claim with a reasoned order within 60 days.

What did the court decide?

Direction to respondent No.3 to consider the representation dated 27.02.2020 and dispose of it with a reasoned order within 60 days.

Uddan Khetra Committee and Anr. Vs the… — Contract and Commercial Disputes | Gauhati HC (2020)

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GAHC010054162020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 1741/2020

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1:UDDAN KHETRA COMMITTEE AND ANR.

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(INPUT BASED DISTRIBUTION FRANCHISEE) (IBDF) REP. BY ITS PROPRIETOR NAMELY GULSHAN AKTAR CHOUDHURY, R/O. VILL. AND P.O. BROJAPUR PART-I, DIST. HAILAKANDI, ASSAM, PIN-788152.

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2: GULSHAN AKTAR CHOUDHURY S/O. NURUL ISLAM CHOUDHURY R/O. VILL. AND P.O. BROJAPUR PART-I DIST. HAILAKANDI ASSAM PIN-788152

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS.

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TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, POWER (ELECTRICITY) DEPTT., A-BLOCK, 4TH FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06.

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2:THE ASSAM POWER DISTRIBUTION CO. LTD. REP. BY ITS MANAGING DIRECTOR BIJULI BHAWAN PALTANBAZAR GUWAHATI-01.

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3:THE CHIEF GENERAL MANAGER (COMMERCIAL) ASSAM POWER DISTRIBUTION CO. LTD. CAR BIJULI BHAWAN 5TH FLOOR PALTANBAZAR GUWAHATI-01.

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4:THE CHIEF GENERAL MANAGER (FINANCE AND ACCOUNTS) ASSAM POWER DISTRIBUTION CO. LTD. CAR BIJULI BHAWAN 5TH FLOOR PALTANBAZAR GUWAHATI-01. 5:THE ASSTT. GENERAL MANAGER HAILAKANDI ELECTRICAL DIVISION ASSAM POWER DISTRIBUTION CO. LTD. CAR HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN-788151.

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6:THE SUB-DIVISIONAL ENGINEER HAILAKANDI ELECTRICAL SUB-DIVISION HAILAKANDI P.O. AND DIST. HAILAKANDI ASSAM PIN-788151.

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7:THE CHIEF EXECUTIVE OFFICER BADARPUR ELECTRICAL CIRCLE ASSAM POWER DISTRIBUTION CO. LTD. CAR BADARPUR P.O. BADARPUR DIST. KARIMGANJ ASSAM PIN-788710

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Advocate for the Petitioner : MR. A S TAPADER

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Advocate for the Respondent : SC, APDCL

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

07.10.2020

Heard Mr. A. S. Tapadar learned counsel appearing for the writ petitioners. Also heard Ms. R. Deka, learned Standing Counsel, APDCL, appearing for the respondents.

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The writ petitioner herein was appointed as a franchise under the Input Based District Franchise (IBDF) scheme. However, the franchise agreement of the petitioner was terminated by the authorities. Pursuant to the termination of the franchise agreement the writ petitioner had claimed refund of outstanding arrear dues. Accordingly, on 27.02.2020, the petitioner No.2 has also submitted a representation before the authorities for releasing his outstanding dues. However, despite the receipt of the same, no action has been taken in the matter till date.

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By referring to the order dated 29.09.2016 passed by this Court in WP(C) No.5899/2016 Mr. Tapadar submits that writ petition filed by similarly situated petitioners have been disposed of by this Court with a direction upon the authorities to examine their claims and pass appropriate orders on the dispute. Mr. Tapadar has prayed for disposal of this writ petition with a similar direction.

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Ms. Deka submits that some extra time be granted to the respondents to look into the grievance of the petitioners.

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Having heard the submissions of learned counsel for the parties, I am of the view that the writ petitioner has agitated a live claim before the authorities which calls for proper examination but the same has not been done till date.

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As such, without expressing any opinion on the merit of the claim of the

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writ petitioners, I dispose of this writ petition with a direction upon the respondent No.3 to consider the representation dated 27.02.2020 (Annexure-8 to the writ petition) submitted by the petitioner and dispose of the same with a reasoned order. The exercise be carried out as expeditiously as possible but not later than 60 days from the date of receipt of a certified copy of this order.

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The writ petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Uddan Khetra Committee and Anr. v. the State of Assam and 6 Ors.

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Uddan Khetra Committee and Anr. v. the State of Assam and 6 Ors.

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