Gauhati High Court
Dipu Kumar Barman vs The Assam Power Distribution ... on 8 May, 2023
Page No.# 1/4
GAHC010093922023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2453/2023
DIPU KUMAR BARMAN
SON OF LATE KANAK CHANDRA BARMAN,
RESIDENT OF UTTAR JALUKBARI,
P.O.- GAUHATI UNIVERSITY, PIN- 781014,
P.S.- JALUKBARI, DISTRICT- KAMRUP(METRO), ASSAM.
VERSUS
THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 6 ORS
REPRESENTED BY ITS CHAIRMAN, BIJULEE BHAWAN, GHY-6.
2:ASSISTANT EXECUTIVE ENGINEER
JALUKBARI ELECTRICAL SUB-DIVISION
AMINGAON
PIN- 781031.
3:SUB-DIVISIONAL ENGINEER
JALUKBARI ELECTRICAL SUB-DIVISION
SATMILE
GHY-14.
4:ANUP KUMAR BARMAN
SON OF LATE KANAK CHANDRA BARMAN
RESIDENT OF HOUSE NO. 16
UTTAR JALUKBARI
P.O.- GAUHATI UNIVERSITY
P.S.- JALUKBARI
Page No.# 2/4
PIN- 781014
DISTRICT- KAMRUP(METRO)
ASSAM.
5:KISHOR KUMAR BARMAN
SON OF LATE KANAK CHANDRA BARMAN
RESIDENT OF HOUSE NO. 16
UTTAR JALUKBARI
P.O.- GAUHATI UNIVERSITY
P.S.- JALUKBARI
PIN- 781014
DISTRICT- KAMRUP(METRO)
ASSAM.
6:ALAKA BARMAN
WIFE OF LATE KANAK CHANDRA BARMAN
RESIDENT OF HOUSE NO. 16
UTTAR JALUKBARI
P.O.- GAUHATI UNIVERSITY
P.S.- JALUKBARI
PIN- 781014
DISTRICT- KAMRUP(METRO)
ASSAM.
7:SIMI BARMAN
WIFE OF DR. D.K. BARMAN
RESIDENT OF NO. 4 KANAKLATA PATH
BHARALUPAR
BHANGAGARH
GHY-5
Advocate for the Petitioner : MR. M H ANSARI
Page No.# 3/4
Advocate for the Respondent : SC, APDCL
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 08-05-2023
Heard Mr. A Alim, learned counsel for the petitioner, who submits that
there is a property dispute between the petitioner and the private
respondent Nos. 4 to 7 in respect of a plot of land measuring 2 kathas 7.96
lechas covered by Dag No. 365 of Patta No. 57, class of land- 1 st Basti,
situated at Revenue Village- North Jalukbari, under Mouza Jalukbari, District
Kamrup (Metro), Assam under Guwahati Revenue Circle. He submits that the
respondent Nos. 4 and 5 are the brothers of the petitioner and the
respondent No. 6 is the mother of the petitioner. The respondent No. 7 is
the sister of the petitioner. The petitioner's grievance is that the electricity
connection to the Assam Type house in which he is living and which is also
in dispute between the parties, has been cut by the private respondents.
2. The petitioner's counsel submits that the petitioner is residing in the
Assam Type house on the said land, which is in dispute in T.S. No. 57/2021 and
Misc. Probate Case No. 10/2021 (thereafter renumbered as T.S.(Probate) Case
No. 2/2023) pending before the Court of Civil Judge No. 1 and District Judge,
Kamrup (Metro) respectively. He submits that though the petitioner has prayed
for temporary and permanent electricity connection with the respondent Nos. 1
to 3, the petitioner has not been given any connection.
3. Mr. B Choudhury, learned counsel for the APDCL submits that in terms of
the judgment of the Apex Court in the case of Dilip (deceased) through
Page No.# 4/4
legal heirs vs. Satish & Ors . in Criminal Appeal No. 810/2022, the Apex Court
has held that electricity is a basic amenity which a person cannot be deprived
of. Electricity cannot be declined to a tenant on the ground of failure/refusal of
the landlord to issue no objection certificate. All that the electricity supply
authority is required to examine is whether the applicant for the electricity
connection is in occupation of the premises in question.
4. On considering the law laid down by the Apex Court that a person cannot
be deprived of electricity as it is a basic amenity, the respondents/APDCL are
directed to provide temporary connection to the petitioner, provided that the
petitioner is in occupation of the premises in question. The same should be
done within a period of 1 (one) week from today. The temporary connection to
be made in the premises of the petitioner would be further subjected to the
petitioner paying all the fees and security deposits required by the APDCL.
5. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
