Petitioner challenged restoration of an electricity connection in the name of his sister. Court found the earlier order granting connection was still effective and dismissed writ as not maintainable.
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GAHC010224492021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7242/2021
RAJIB LOCHAN KAKATI S/O- LATE DEBENDRA NATH KAKOTI, R/O- WARD NO. 9, NORTH LAKHIMPUR TOWN, P.O- NORTH LAKHIMPUR, DIST- LAKHIMPUR, PIN-787001, ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM IN THE DEPARTMENT OF POWER, DISPUR, GUWAHATI-06
2:THE CHAIRMAN APDCL HAVING ITS REGISTERED OFFICE AT BIJULEE BHAWAN UNDER P.O AND P.S- PALTAN BAZAR GUWAHATI-781008 IN THE DISTRICT OF KAMRUP (M) ASSAM
3:THE GENERAL MANAGER CENTRAL ASSAM REGION APDCL TEZPUR UNDER P.O AND P.S- TEZPUR IN THE DISTRICT OF SONITPUR ASSAM
4:THE ASSISTANT GENERAL MANAGER NORTH LAKHIMPUR UNDER P.O AND P.S- NORTH LAKHIMPUR IN THE DISTRICT OF NORTH LAKHIMPUR ASSAM
5:THE DIVISIONAL ENGINEER
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APDCL NORTH LAKHIMPUR UNDER P.O AND P.S- NORTH LAKHIMPUR IN THE DISTRICT OF NORTH LAKHIMPUR ASSAM
6:THE SUB DIVISIONAL ENGINEER APDCL NORTH LAKHIMPUR UNDER P.O AND P.S- NORTH LAKHIMPUR IN THE DISTRICT OF NORTH LAKHIMPUR ASSAM
7:SMT. PARASMONI BARMAN W/O- LATE PARAMA BARMAN R/O- THAKURBARI ROAD (S.B PATH) OF WARD NO. 09 LAKHIMPUR TOWN P.O AND P.S- NORTH LAKHIMPUR DISTRICT - LAKHIMPUR ASSAM PIN-78700
Advocate for the Petitioner : MS D BORGOHAIN
Advocate for the Respondent : SC, APDCL
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
07/01/2022
Heard Ms. D Borgohain, learned counsel for the petitioner and Ms. M Barman, learned Government Advocate, Assam for the respondent No. 1. Also heard Mr. B Choudhury, learned Standing counsel, APDCL for the respondent Nos. 2 to 6.
2. By this application, the petitioner amongst others prayed for termination of the illegal electrical connection given to the Consumer No. 11000116595 issued in the name of the respondent No. 7 with regard to the premises covered by Holding No. 17234 of Ward No. 9, North Lakhimpur Town, District-Lakhimpur and further, to dispose of the representation of the
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petitioner dated 08.10.2021 submitted before the Assistant Executive Engineer, SDO (Electrical) APDCL, North Lakhimpur Circle, Assam (Annexure-6 to this petition), which was received by the said authority on 11.10.2021 and also for a direction to the respondent No. 6 Sub-Divisional Engineer, APDCL, North Lakhimpur to conduct an enquiry and to submit a report as to whether the respondent No. 7 is the legal occupier of said Holding No. 17234 covered by Periodic Patta No. 315, Dag Nos. 770, 784 and 1845.
3. From the records of WP(C) No. 4665/2019, it is seen that the respondent No. 7 is the eldest sister of the petitioner and she is a resident of Ward No. 9 Thakurbari Road residing in a house standing over the land covered by Periodic Patta No. 315, Dag Nos. 770, 784 and 1845. Initially, the electrical meter was in the name of one Debendra Nath Kakati, late father of the petitioner and the respondent No. 7. As the electrical connection to the said meter was disconnected by the respondents APDCL due to non-payment of electricity dues, the respondent No. 7 as writ petitioner preferred the said WP(C) No. 4665/2019 praying amongst others for a direction to the respondents APDCL for reconnection of the electricity to the premises of the petitioner as provided under Clause 3.7.3 of the Assam Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulation, 2004.
4. During the pendency of said WP(C) No. 4665/2019 as the respondents APDCL restored the electricity connection to the present respondent No. 7 pursuant to the direction of the Court on payment of necessary dues, the present respondent No. 7 on 21.09.2021 withdrew her said writ petition being WP(C) No. 4665/2019.
5. In said WP(C) No. 4665/2019, the present petitioner was arrayed as respondent No. 7, who acquired the said electric meter. Now, the petitioner/respondent No. 7 of said WP(C) No. 4665/2019 has preferred this writ petition challenging the restoration of electricity connection that was issued in the name of the respondent No. 7, i.e., the writ petitioner of WP(C) No. 4665/2019.
6. It is also seen from the records of WP(C) No. 4665/2019 that the mother of the petitioner as well as the respondent No. 7 on 10.05.2018 sworn an affidavit before the Notary, North Lakhimpur stating that she does not have any objection if her daughter, the
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petitioner of WP(C) No. 4665/2019/ respondent No. 7 herein applies for a new electricity connection for her plot of land, i.e., the land covered by Periodic Patta No. 315, Dag Nos. 770, 784, 1845 under North Lakhimpur Sadar, North Lakhimpur, District-Lakhimpur.
7. Further, from the affidavit filed by the respondent APDCL in said WP(C) No. 4665/2019, it is seen that pursuant to the order dated 03.07.2019 passed by this Court in said WP(C) No. 4665/2019, a new electricity connection in the name of the petitioner (respondent No. 7 herein) was released on 06.07.2019 bearing Consumer No. 11000116595 under North Lakhimpur Electrical Sub-Division.
8. Now, the petitioner is challenging the said action of the respondent APDCL in restoring the new connection of electricity provided to such Consumer No. 11000116595.
9. From the records of said WP(C) No. 4665/2019, it is also seen that the Sub-Divisional Engineer, APDCL, North Lakhimpur Electrical Sub-Division, North Lakhimpur on 27.06.2019 gave a certificate stating that due to a legal dispute between the present petitioner and one Apoorva Kakati for the plot, no new electrical connection could be provided till the pronouncement of the judgment and that there exists a service connection in the name of the present petitioner bearing Consumer No. 51000524306 with outstanding revenue of Rs.20,667/- which is already disconnected.
10. The petitioner of said WP(C) No. 4665/2019, i.e., the present respondent No. 7 filed the said WP(C) No. 4665/2019 on 03.07.2019, wherein the Court passed the order on 03.07.2019 itself with the observation that :-
“In the interim, this Court is inclined to provide that if the petitioner approaches the APDCL authority, more particularly the respondent No.6 i.e. Sub-Divisional Engineer, APDCL, North Lakhimpur, along with all the requisite documents, the said authority shall examine the application submitted by the petitioner and on realizing the requisite load security for the proposed electricity connection, such electricity connection to the petitioner above named should be granted within a period of 3 (three) days from the date of receipt of the requisite charges as well as right of way.”
11. By this writ petition, the petitioner has prayed for issuance of a writ of mandamus
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directing the respondents APDCL to terminate the said illegal electrical connection provided to the respondent No. 7 and as noted above, the respondents APDCL in its affidavit filed in said WP(C) No. 4665/2019 specified that such electrical connection has been given in favour of the respondent No. 7 only in terms of the order of the Court dated 03.07.2019 passed in WP(C) No. 4665/2019.
12. Since the order dated 03.07.2019 passed in WP(C) No. 4665/2019 is still in force, the prayer of the petitioner cannot be considered in the present writ petition and the petitioner may approach the appropriate forum for redressal of his grievances.
13. Accordingly, this writ petition, being not maintainable, stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a writ petition praying for termination of an electrical connection is maintainable when the order granting the connection remains in force.
1 provisions across 1 enactments
RAJIB LOCHAN KAKATI
THE STATE OF ASSAM
THE CHAIRMAN APDCL
THE GENERAL MANAGER CENTRAL ASSAM REGION APDCL
THE ASSISTANT GENERAL MANAGER NORTH LAKHIMPUR APDCL
THE DIVISIONAL ENGINEER APDCL NORTH LAKHIMPUR
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
