M/S. Sitaram Budhkaran Choukhany ... vs Assam Power Distribution Company ...
2023 Latest Caselaw 508 Gua

                                                               Page No.# 1/5

GAHC010017802018




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

                         Case No. : WP(C)/4819/2019



         M/S. SITARAM BUDHKARAN CHOUKHANY AND CO.
         (OWNER- GHOGRAJAN TEA ESTATE)
          A PARTNERSHIP ACT
          1932 HAVING ITS PLACE OF BUSINESS AT P.O. LAHOAL
          DIST. DIBRUGARH
          ASSAM CARRYING ON BUSINESS IN THE NAME AND STYLE OF M/S
         GHOGRAJAN TEA ESTATE AT P.O. LAHOAL
          DIST. DIBRUGARH
          ASSAM DULY REP. BY ONE OF ITS PARTNERS NAMELY SRI VIKASH
         CHOUKHANY
          S/O LT. GAURI SHANKAR CHOUKHANY
          A R/O GHORAJAN TEA ESTATE AT P.O. LAHOAL
          DIST. DIBRUGARH
          ASSAM


          VERSUS

         ASSAM POWER DISTRIBUTION COMPANY LTD. AND ANR.
         A GOVT. OF ASSAM UNDERTAKING DULY INCORPORATED UNDER THE
         COMPANIES ACT
         1956 HAVING ITS OFFICE AT BIJULEE BHAWAN
         PALTAN BAZAR
         GUWAHATI-781001
         DULY REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR

         2:THE AREA MANAGER/ ASSESSING OFFICER
         INDUSTRIAL REVENUE COLLECTION AREA
          APDCL
          DIBRUGARH
          ------------
          Advocate for : MR. S K KEJRIWAL
         Advocate for : SC
                                                        Page No.# 2/5

APDCL appearing for ASSAM POWER DISTRIBUTION COMPANY LTD. AND
ANR.



Linked Case : WP(C)/7395/2018

THE GENERAL MANAGER
 ROSEKANDY TEA ESTATE
P.O. BARJALINGA
 KACHAR
ASSAM-788117.


VERSUS

THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF POWER
DISPUR
GHY.
ASSAM-781006.

2:CHAIRMAN

ASSAM POWER DISTRIBUTION CO. LTD.
BIJULI BHABAN
PALTAN BAZAR
GUWAHATI
ASSAM-781008.
3:CHIEF EXECUTIVE OFFICER

ASSAM POWER DISTRIBUTION CO. LTD.
CACHAR ELECTRICAL CIRCLE
SILCHAR
ASSAM-788115.
4:ASSTT. GENERAL MANAGER

TESTING AND COMMISSIONING DIVISION
ASSAM POWER DISTRIBUTION CO. LTD.
CACHAR
MEHERPUR
SILCHAR-788115.
5:ASSESSING OFFICER CUM ASSTT. GENERAL MANAGER

INDUSTRIAL REVENUE COLLECTION AREA
 CACHAR
 ASSAM POWER DISTRIBUTION CO. LTD.
                                                      Page No.# 3/5

BADARPUR
KARIMGANJ-788806.
6:THE SENIOR ELECTRICAL INSPECTOR

ASSAM POWER DISTRIBUTION CO. LTD.
CENTRAL ASSAM REGION
CACHAR ELECTRICAL CIRCLE
ASSAM
SILCHAR-788115.
------------
Advocate for : MR G UZIR
Advocate for : SC
APDCL appearing for THE STATE OF ASSAM AND 5 ORS.



Linked Case : WP(C)/828/2019

M/S. GANAPATI ROLLER FLOUR MILLS
A PROPRIETORIAL CONCERN HAVING ITS PLACE OF BUSINESS AND
OFFICE AT KAYAL BUILDING
COLE ROAD
DIBRUGARH TOWN
DIST. DIBRUGARH
ASSAM
OWNING A FLOUR MILL AT MOHANBARI HINDU GAON
AT P.O. LAHOAL
DIST. DIBRUGARH
ASSAM
DULY REP. BY ITS PROPRIETOR NAMELY SRI MANOJ KAYAL
SON OF LATE SANWARMAL KEYAL
A RESIDENT OF COLE ROAD
DIBRUGARH TOWN
DIST. DIBRUGARH
ASSAM.


VERSUS

ASSAM POWER DISTRIBUTION COMPANY LTD. AND ANR.
A GOVT. OF ASSAM
UNDERTAKING DULY INCORPORATED UNDER THE COMPANIES ACT 1956
HAVING ITS OFFICE AT BIJULEE BHAWAN
PALTAN BAZAR
GUWAHATI- 781001
DULY REP. BY ITS CHAIRMAN-CUM-MANAGING DIRECTOR.

2:THE AREA MANAGER/ASSESSING OFFICER
                                                        Page No.# 4/5


INDUSTRIAL REVENUE COLLECTION AREA
 APDCL

DIBRUGARH.
------------
Advocate for : MR. S K KEJRIWAL
Advocate for : SC
APDCL appearing for ASSAM POWER DISTRIBUTION COMPANY LTD. AND
ANR.



Linked Case : WP(C)/4776/2019

RAJSHREE TEA AND INDUSTRIES (P) LTD.
HAVING ITS REGD. OFFICE AT R.K.B. PATH
KARTICK PARA
DIBRUGARH TOWN
DIST. DIBRUGARH
ASSAM OWNING A BOUGHT LEAF FACTORY/TEA FACTORY AT
GHOORONIA
DIST. DIBRUGARH
ASSAM.


VERSUS

ASSAM POWER DISTRIBUTION COMPANY LTD. AND 2 ORS.
A GOVT. OF ASSAM UNDERTAKING DULY INCORPORATED UNDER THE
COMPANIES ACT
1956 HAVING ITS OFFICE AT BIJULEE BHAWAN
PALTAN BAZAR
GUWAHATI-781001
DULY REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR.

2:THE AREA MANAGER/ASSESSING OFFICER

INDUSTRIAL REVENUE COLLECTION AREA
 APDCL
 DIBRUGARH.
 3:THE ASSTT. GENERAL MANAGER

T AND C DIVISION
APDCL
DIBRUGARH
------------
Advocate for : MR. S K KEJRIWAL
                                                                           Page No.# 5/5

           Advocate for : SC
           APDCL appearing for ASSAM POWER DISTRIBUTION COMPANY LTD. AND 2
           ORS.



                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

Date : 10.02.2023 Dr. A. Saraf, learned counsel appears for the petitioner in WP(C)/828/2019.

Mr. M. Saikia, learned counsel appearing for the petitioner in WP(C)/7395/2018.

Mr. B. Choudhury, learned standing counsel APDCL submits that matter can be taken up next week as a Division Bench judgment of this court has been rendered in a similar matter and which will have a bearing in these matters.

Accordingly let these matters be listed again on 17.02.2023 enabling the learned counsel for the respondent to produce the said Judgment of a Division Bench of this Court stated to have been rendered in a similar matter.

JUDGE

Comparing Assistant