Gauhati High Court
Fuluara Begum vs The State Of Assam And 4 Ors on 14 June, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010115232024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2990/2024
FULUARA BEGUM
WIFE OF SAFIULLAH SEIKH,
RESIDENT OF VILLAGE- MAROI,
PO AND PS- SIPAJHAR,
DIST- DARRANG, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY,
POWER DEPARTMENT,
DISPUR, GUWAHATI-06.
2:THE ASSAM STATE ELECTRICITY DEPARTMENT
REPRESENTED BY THE GENERAL MANAGER
ASSAM POWER DISTRIBUTION CO. LTD.
BIJULEE BHAWAN
PALTANBAZAR
GUWAHATI- 781001.
3:THE EXECUTIVE ENGINEER
ASSAM POWER DISTRIBUTION CO. LTD.
DARRANG
MANGALDOI
DIST.- DARRANG
ASSAM.
4:THE SUB-DIVISIONAL ENGINEER
ASSAM POWER DISTRIBUTION CO. LTD.
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PO AND PS- SIPAJHAR
DIST.-DARRANG
ASSAM.
5:DR. SAHJAHAN ALI
SON OF LATE ABDUS HAQUE
VILLAGE- DUWARIPARA
P.O. AND P.S.- SIPAJHAR
DIST.- DARRANG
ASSAM
Advocate for the Petitioner : MR H R CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
14.06.2024
Heard Mr. H.R. Choudhury, learned counsel for the petitioner. Also heard
Mr. B. Choudhury, learned Standing Counsel, Assam Power Distribution Co. Ltd.
(APDCL).
2] The petitioner in the present writ petition is a tenant in a property owned
by the respondent no.5 and the land owner disconnected her electricity
connection with the intention to evict her from his house without following the
due procedure of law. Regarding the tenancy of the said property, a title suit
being T.S. No.44/2024 is filed by the petitioner before the Civil Judge (Jr.
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Division) No.2, Darrang, which is pending before the said Court. The petitioner
filed also a Misc.(J) Case No.34/2024 praying for temporary injunction and the
learned Trial Court by order dated 24.04.2024 passed in Misc.(J) Case
No.34/2024 granted injunction in favour of the petitioner. However, during the
pendency of the title suit, the petitioner approached the APDCL Authority for
restoring the connection but the same has not been done. Being aggrieved, the
petitioner has approached the Court by filing the present writ petition.
3] Learned counsel for the petitioner submits that in connection to the similar
issue the Co-ordinate Bench of this Court had passed an order dated 12.01.2024
in WP(C) no.129/2024 and prays that the present writ petition may also be
disposed of in terms of the order dated 12.01.2024 passed in WP(C)
No.129/2024.
4] Mr. B. Choudhury, learned Standing Counsel, APDCL does not object to the
submission made by the learned counsel for the petitioner.
5] Upon perusal of the order dated 12.01.2024 passed in WP(C)
No.129/2024, it is seen that the issues raised in the present writ petition stand
squarely covered by the order dated 12.01.2024 passed in WP(C) No.129/2024.
The operative portion of the order dated 12.01.2024 passed in WP(C)
No.129/2024 is quoted herein below:
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6. This Court has also taken note of the judgment rendered by the Supreme Court in
the case of Dilip (Dead) through Lrs. Vs. Satish & Others, reported in 2022 SCC online SC
810, wherein the Supreme Court had, in paragraph 9 of the said judgment, categorically
observed that it is now well settled proposition of law that electricity is a basic amenity of
which a person cannot be deprived. It was also observed that 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
electricity connection is in occupation of the premises in question.
7. Taking note of the above, this Court has put a pointed query to the learned counsel
for the petitioner as to whether the petitioner would be agreeable for making application
for a separate electric connection. The learned counsel for the petitioner submits that the
petitioner is agreeable for applying for a separate electricity connection to the premises in
question.
8. In view of the above, this Court therefore grants liberty to the petitioner to submit
appropriate application before the concerned respondent APDCL authority seeking a
separate electricity connection and in the event of such application being filed, the
respondent APDCL authorities shall, in accordance with their Rules and Regulations,
provide separate meter/electricity connection to the petitioner subject to payment of
necessary dues. Further to that, taking into account the law laid down by the Supreme
Court in the case of Dilip (Dead) through Lrs. (supra), this Court makes it clear that the
respondent APDCL authorities shall not insist upon the petitioner for submission of No
Objection Certificate from the respondent No. 5.
9. The Writ petition stands disposed of in terms of the above.
6] In view of the order dated 12.01.2023 passed in WP(C) No.129/02024,
this Court also grants liberty to the petitioner to submit appropriate application
before the APDCL Authority seeking a separate electricity connection and if such
an application is filed, the respondent APDCL Authority shall, in accordance with
their Rules and Regulation, provide separate meter/electricity in connection to
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the petitioner subject to payment of necessary dues. Further to that, taking into
account the law laid down by the Supreme Court in the case of Dilip (Dead)
through Lrs. (supra), this Court makes it clear that the respondent APDCL
Authorities shall not insist upon the petitioner for submission of " No Objection
Certificate" from the respondent No. 5.
7] The petitioner shall furnish a certified copy of this order along with the
order dated 12.01.2024 passed in WP(C) No.129/2024 before the APDCL
Authority along with the application for separate electricity connection.
8] The writ petition stands disposed of in terms of the above.
.
JUDGE
Comparing Assistant
