Gauhati High Court
Paniram Barman vs Assam Power Distribution Company ... on 22 November, 2021
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GAHC010132862021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4307/2021
PANIRAM BARMAN
S/O SRI RAKHAL BARMAN
RESIDENT OF VILLAGE PACHIM DHUPGURI, PO BONDA, PS NOONMATI,
GUWAHATI 781026, KAMRUP (M) ASSAM
VERSUS
ASSAM POWER DISTRIBUTION COMPANY LTD AND 2 ORS
REPRESENTED BY THE CHAIRMAN, 4TH FLOOR, BIJULEE BHAWAN,
PALTAN BAZAR, GUWAHATI 781001
2:THE MANAGING DIRECTOR
ASSAM POWER DISTRIBUTION COMPANY LIMITED
4TH FLOOR
BIJULEE BHAWAN
PALTAN BAZAR
GUWAHATI 781001
3:SUB DIVISIONAL ENGINEER
NARENGI ELECTRICAL SUB DIVISION
APDCL
LAR
FORESTGATE
GUWAHATI 78102
Advocate for the Petitioner : MR B M DEKA
Advocate for the Respondent : SC, APDCL
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BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
22.11.2021
Heard Mr. B. M. Deka, learned counsel for the petitioner and Mr. B. Choudhury,
learned counsel appearing on behalf of Mr. P. N. Goswami, learned Standing Counsel,
APDCL for the respondent Nos.1 to 3.
The petitioner herein is a decree holder in Title Suit No.180/2016 that was passed by
the Court of the Munsiff No.2, Kamrup (M), Guwahati on 13.07.2017 wherein the Court
decreed that the petitioner is lawful tenant of the suit premises under the defendant No.1
of the said suit and he is entitled to permanent injunction as prayed for. On the basis of
the said decree, the petitioner preferred the Title Execution proceeding being T.
Ex.No.68/2017 wherein the concerned Executing Court, i.e. the Court of the learned
Munsiff No.2, Kamrup (M), Guwahati by order dated 30.01.2021 came to the conclusion
that the judgment debtor/landlord of the suit premises neglected to take steps by himself
for restoration of electricity connection to the suit premises even after receipt of notice
from that Court and accordingly directed the petitioner, i.e. the decree holder to take an
electricity connection in his name in the decreetal premise and to adjust the cost of such
connection in the further rent. The said Executing Court on 30.01.2021 further directed
the APDCL to provide a separate connection to the decreetal premises occupied by the
petitioner on being applied by him subject to proper verification and documentation as per
the norms of the APDCL and to intimate the same to the Court on obtaining such
electricity connection.
It is stated that the petitioner, pursuant to the said order of the Executing Court dated
30.01.2021 approached the concerned authority of APDCL in its Narengi Electrical Sub-
Division on 28.07.2021 to provide him new electricity connection in his rented/suit
premises.
Though the petitioner applied for new electricity connection in his rented premises
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involved in Title Suit No.180/2016 but the Sub-Divisional Engineer, Narengi Electrical Sub-
Division by the communication dated 28.07.2021 (Annexure-4 to this petition) intimated
him that because of non submission of no objection certificate from the owner of the
premises, non submission of Indemnity Bond from the concerned landowner in correct
Format and non submission of affidavit by him in the correct Format, the application of
the petitioner for 4 kilowatt LT COM New Service Connection could not be processed.
Being aggrieved with the same, the petitioner has preferred this writ petition praying
for setting aside the said communication dated 28.07.2021 issued by the Sub-Divisional
Engineer, Narengi Electrical Sub-Division and to issue an appropriate order or direction to
the respondent APDCL so as to give him electricity connection in the rented premises as
per the order dated 30.01.2021 passed by the Court of the learned Munsiff No.2 (Kamrup
(M) in T. Ex. No.38/2017 without the required documents, namely, no objection certificate
from the owner of the premises, Indemnity Bond from landowner in correct format.
Mr. B. Choudhury, learned counsel appearing on behalf of the respondent APDCL
placed before the Court that the APDCL was neither a party respondent in the Title Suit
No.180/2016 nor in the T. Ex. No.68/2017. Further, from the judgment and order dated
26.07.2016 passed in the said Title Suit No.180/2016, from the order dated 30.01.2021
passed in said T. Ex. No.68/2017, Mr. B. Choudhury, learned counsel appearing on behalf
of the APDCL also placed before the Court that the electricity connection in the premises is
still in the name of the elder brother of the concerned landlord who was neither a party in
the said Title Suit No.180/2016 nor in the said T. Ex. No.68/2017.
However, it is stated at the bar that pursuant to the order of this Court dated
03.09.2021, the petitioner on 09.09.2021, submitted his representation before the Sub-
Divisional Engineer, Narengi Electrical Sub-Division, APDCL to provide him new electricity
connection in his rented premises involved in the said Title Suit No.180/2016, more
specifically specified in the schedule of the said representation as per Clause 3.10.2(c) of
the Assam Electricity Regulatory Commission. It is also submitted that the said
representation of the petitioner dated 09.09.2021 is pending for disposal before the
concerned Sub-Divisional Engineer, Narengi Electrical Sub-Division, APDCL.
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Considering the entire aspect of the matter and hearing the learned counsels for the
parties, this writ petition is disposed of at the motion stage itself as prayed by the parties
directing the respondents in the APDCL, more particularly the Sub-Divisional Engineer,
Narengi Electrical Sub-Division, APDCL (respondent No.3) to dispose of the representation
of the petitioner dated 09.09.2021 presently pending before the said authority which the
petitioner has filed in terms of the order of the Court dated 03.09.2021 passed earlier in
this proceeding; within a period of 3 (three) weeks from the date of receipt of certified
copy of this order to be furnished by the petitioner.
The petitioner shall submit the certified copy of this order before the respondent No.2,
the Managing Director, APDCL as well as the Sub-Divisional Engineer, Narengi Electrical
Sub-Division, APDCL (respondent No.3) on or before 30.11.2021, obtaining necessary
acknowledgment from them furnishing the detail address including his Mobile Number as
well as E-mail address and the Sub-Divisional Engineer, Narengi Electrical Sub-Division,
APDCL (respondent No.3) shall dispose of the representation of the petitioner dated
09.09.2021, noted above intimating about the outcome of the same in terms of the order
of this Court dated 03.09.2021 passed in the present writ petition.
The copy of the representation of the petitioner dated 09.09.2021 and the copy of the
order of this Court dated 03.09.2021 furnished before the Court today shall be kept as
part the record.
JUDGE
Comparing Assistant
