A consumer filed a writ petition challenging unauthorized disconnection of electricity. The Court accepted that the line was reconnected by the government and closed the writ petition.
The writ petition is closed and the ad-interim order is made absolute as the electricity line has been reconnected.
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GAHC010038072023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1029/2023
HAFIZUR RAHMAN
S/O- WAZ UDDIN, R/O- BALIKOTIA, P.O. BALIKOTIA, DIST.- NAGAON, ASSAM, PIN- 782122
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, POWER (E) DEPTT., DISPUR, GHY-06
2:THE APDCL REP. BY ITS CHAIRMAN BIJULI BHAWAN PANBAZAR GHY-781001
3:THE CHIEF EXECUTIVE OFFICER NAGAON ELECTRICAL CIRCLE APDCL (CAR) NAGAON ASSAM PIN-
4:THE SUB-DIVISIONAL ENGINEER OF DHING ELECTRICAL SUB-DIVISION DHING P.O. DHING DIST.- NAGAON ASSAM PIN- 78212
Advocate for the Petitioner : MR. B RAHMAN Advocate for the Respondent : SC, APDCL
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
10-03-2023
Heard Shri B. Rahman, learned counsel for the petitioner. Also heard Shri K. P. Pathak, learned Standing Counsel, APDCL.
In view of the fact that instructions have been received by the learned Standing Counsel, this writ petition is taken up for disposal at the admission stage.
The petitioner is a consumer of the APDCL with Consumer No. 126000061356 under the Dhing Electrical Sub-division in the district of Nagaon.
Though the petitioner claims to have been paying the bills regularly and there is no default, on 06.02.2023, the electricity line was disconnected without any notice. The petitioner has stated that his son was student of the final examination and in spite of approach made, there is no reconnection and therefore the present writ petition has been filed.
Shri B. Rahman, learned counsel for the petitioner has submitted that there is no discernible cause or reason for such disconnection which has caused immense hardships to the petitioner and his family. This Court while taking up this matter for motion on 23.02.2023 had directed in the interim that the electricity line in question be reconnected immediately.
Shri K. P. Pathak, learned Standing Counsel, APDCL submits that pursuant to the aforesaid interim order dated 23.02.2023, the electricity line has been reconnected. He further submits that the disconnection was done on an incorrect premise as in the same campus a commercial line has been taken by the sister of the petitioner in which there was default. The learned Standing Counsel fairly submits that due to some mistaken belief, the disconnection was done with the connection of the petitioner which however has been reconnected.
The learned Standing Counsel further submits that until there is default or any misuse or violation of any condition, ordinarily electricity line is not disconnected.
In view of the above and taking into consideration that in terms of the order dated
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23.02.2023, the electricity line has been reconnected, this Court is of the opinion that there is no existing cause of action to be adjudicated.
Hence the instant writ petition is closed, by making the ad-interim order absolute.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition should remain open or be closed after reconnection of electricity.
HAFIZUR RAHMAN
THE STATE OF ASSAM
THE APDCL
THE CHIEF EXECUTIVE OFFICER NAGAON ELECTRICAL CIRCLE
THE SUB-DIVISIONAL ENGINEER OF DHING ELECTRICAL SUB-DIVISION
SANJAY KUMAR MEDHI
As recorded by the court registry
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