Dr. Sushil Kumar Jain vs Assam Power Distribution Company ...
2023 Latest Caselaw 2997 Gua

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GAHC010166852023




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

                                 Case No. : WP(C)/4508/2023

            DR. SUSHIL KUMAR JAIN
            S/O LATE BHAWAR LAL JAIN, R/O ZAMAN BUILDING, 2ND FLOOR, G.K.
            TOWER (RAILWAY GATE NO. 7), A.T. ROAD, GUWAHATI-781009,
            PRESENTLY R/O 40/118, C.R. PARK, 2ND FLOOR, P.S.-KALKAJI, NEW DELHI-
            19



            VERSUS

            ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 2 ORS
            HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, BIJULEE BHAWAN,
            PALTAN BAZAR, GUWAHATI-781001, REPRESENTED BY ITS MANAGING
            DIRECTOR

            2:DIVISIONAL ENGINEER
             FANCY BAZAR ELECTRICAL SUB DIVISION
            APDCL (LAR)
             MACHKOWA
             GUWAHATI-781009

            3:JITENDRA PRASAD
             S/O MAHABIR PRASAD
             R/O URMILA NIWAS
            T.R. PHUKAN ROAD
             FANCY BAZAR
             GUWAHATI-781001
             KAMRUP (M

Advocate for the Petitioner   : MR. S SHARMA

Advocate for the Respondent : SC, APDCL
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                        ORDER

Date : 09.08.2023

Heard Mr. S. Sharma, learned counsel for the petitioner and Mr. B. Choudhury, learned Standing Counsel, APDCL for the respondent nos. 1 & 2.

2. Issue notice, returnable in 4 [four] weeks.

3. As Mr. Choudhury, learned Standing Counsel, APDCL has appeared and accepted notice on behalf of the respondent nos. 1 & 2, no formal notices need to be issued to the said respondents. Mr. Sharma, learned counsel for the petitioner shall, however, furnish requisite nos. of extra copies of the writ petition along with annexures, to Mr. Sharma within 3 [three] working days from today.

4. The petitioner shall take steps for service of notice upon the respondent no. 3 by registered post with A/D within 3 [three] working days from today.

5. The petitioner has projected that he has been a tenant of a tenanted premises, measuring about 390 sq.ft., located in the ground floor of a building, known as Parag Bhawan, situated near Jyoti Prasad Agarwalla Fly Over, A.T. Road, Machkhowa, Guwahati, Kamrup [M], which is constructed over a plot of land, covered by Dag no. 324 & K.P. Patta no. 321, since the year 1990. The respondent no. 3 who is the owner of the said building, as the plaintiff, instituted a title suit, Title Suit no. 452/2011 before the Court of learned Munsiff, Kamrup [M], Guwahati. By instituting the said title suit, the respondent no. 3 as the plaintiff, had inter alia, sought for eviction of the petitioner from the said tenanted premises. The learned trial Court of Munsiff no. 2, Kamrup [M], Guwahati dismissed the title suit by a Judgment and Decree dated 17.08.2017. When a title appeal, Title Appeal no. 58/2017 was preferred against the Judgment and Decree passed by the learned trial Court, the first appellate court had also dismissed the title appeal on 18.08.2022. The petitioner has asserted that after Page No.# 3/3

dismissal of the title appeal, the respondent no. 3 has resorted to an act of disconnecting the electricity connection to the tenanted premises. As a result of such disconnection of electricity, the petitioner who is a practicing surgeon, has been facing immense difficulties to run the consultancy chamber from the tenanted premises.

6. It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. The electricity supply authority is required to examine whether the applicant for electricity connection is in occupation of the premises in question.

7. As from the Judgment rendered in the title appeal annexed as Annexure-2 to the present writ petition, it prima facie appears that the respondent no. 3 has failed in his endeavour to evict the petitioner from the tenanted premises meaning thereby, the petitioner is in occupation of the tenanted premises as on date. In such view of the matter, the respondent APDCL authorities are directed to take immediate measures to provide/restore the electricity connection to the tenanted premises of the petitioner, subject to compliance of the terms and conditions of supply of electricity including payment of charges, by the petitioner within a period of 3 [three] days.

JUDGE

Comparing Assistant