Gauhati High Court
Md. Mubarak Islam vs The Assam Power Distribution ... on 29 July, 2022
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GAHC010215672021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2440/2021
MD. MUBARAK ISLAM
S/O LATE MUSA ALI, R/O HOUSE NO. 14, S/C BYELANE, ATHGAON, P.O.
PANBAZAR, P.S. BHARALUMUKH, DIST. KAMRUP (M), GUWAHATI.
VERSUS
THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 3 ORS.
REPRESENTED BY ITS MANAGING DIRECTOR, BIJULEE BHAVAN, PALTAN
BAZAR, GUWAHATI 781001
2:THE ASSAM ELECTRICITY REGULATORY COMMISSION
(ELECTRICITY SUPPLY CODE AND RELATED MATTERS) REGULATIONS
2004 (FIRST AMENDMENT) 2007
REPRESENTED BY ITS CHAIRPERSON
3:THE SUB-DIVISIONAL ENGINEER
FATASIL ELECTRICAL SUB-DIVISION
ASSAM POWER DISTRIBUTION COMPANY LIMITED
LAR
FATASIL
GUWAHATI-781009
DIST-KAMRUP(M)
ASSAM
4:MD. SHAMIMUDDIN AHMED
S/O LATE SERAJUDDIN AHMED
R/O HOUSE NO-14
S.C. BYELANE
ATHGAON
P.O.-BHARALUMUKH. DIST-KAMRUP(M)
GUWAHATI-
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Advocate for the Petitioner : MR. N N B CHOUDHURY
Advocate for the Respondent : SC, APDCL
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 29-07-2022
Heard Mr. N.N.B. Choudhury, learned counsel for the applicant. Also heard Mr. K.P.
Pathak, learned standing counsel, APDCL and Mr. G. Alom, learned counsel appearing for
the respondent No. 4.
Taking note of the prayer of the applicant made in this I.A. seeking permanent
electricity connection to his premises without insisting on NOC from the respondent No. 4,
this Court, by order dated 25-07-2022, had asked the learned departmental counsel to
obtain instruction and apprise this Court as to whether, separate electricity connection can
be given to the petitioner's premises without the NOC.
On instruction from the department, Mr. K.P. Pathak has submitted that in view of
the judgment passed by the Hon'ble Supreme Court of India in the case of Dilip (Dead)
through LRS. Vs. Satish & Ors. since there is dispute between the parties occupying
the premises, the APDCL would not insist on NOC but can issue electricity connection
after making verification as to whether the applicant is in actual possession of the
premises claimed by him.
Mr. Pathak submits that his clients are willing to issue electricity connection to the
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applicant, if such an order is passed by this Court.
Mr. Alom, on the other hand, submits that the applicant does not have any right to
occupy the premises and a civil suit between the parties is also pending before the
Munsiff No. 2, Kamrup at Guwahati. Therefore, if any order is passed in favour of the
applicant at this stage, the same would cause prejudice to his client.
Having heard the submissions of learned counsel for the parties and taking note of
the facts and circumstances of the case, this I.A. is hereby disposed of in the light of the
decision in the case of Dilip (Dead) through LRS (Supra) with a direction upon the
respondent Nos. 1 to 3 to verify as to whether the applicant is in actual physical
possession of the premises claimed by him and if found to be correct, steps for providing
separate electricity connection to his premises be taken immediately without insisting on
NOC from the respondent No. 4.
It is, however, made clear that present order is being passed without prejudice to
rights and contention of the parties in the pending civil suit and purely on consideration of
the fact that electricity, being a basic amenity, no person can be deprived of the same.
With the above observation, this I.A. stands disposed of.
JUDGE
GS
Comparing Assistant
