Page No.# 1/3 GAHC010139452022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4644/2022 NEW TECH STEEL AND ALLOYS PVT LTD A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT N.H 39, NEAR CRPF GROUP CENTRE, P.O- KHATKHATI, DIST- KARBI ANGLONG, PIN- 782480, AND REP. BY ITS DIRECTOR, MR. SURESH SHARMA, R/O- 6TH FLOOR, ASSAM ISPAT COMPLEX, FATASHIL, GUWAHATI-781009, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 2ORS REP BY THE COMMISSIONER AND SECRETARY , THE DEPTT OF POWER AND INDUSTRUIES, GOVT. OF ASSAM, DISPUR, GUWAHATI-06 2:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR 4TH FLOOR BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-01 3:DEPUTY MANAGER ASSAM POWER DISTRIBUTION COMPANY LIMITED KANCH ELECTRICAL CIRCLE CAR DIPH Advocate for the Petitioner : MR. M MORE, Advocate for the Respondent : GA, ASSAM, SC, APDCL Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 15.07.2026 Heard Shri P. K. Sarma, learned counsel for the petitioner. Also heard Shri B. Das, learned Standing Counsel, APDCL and Shri K. Gogoi, learned State Counsel. 2. Considering the subject matter involved and also the aspect that the issue has already been decided by the Hon’ble Supreme Court, the instant writ petition which is pending since the year 2022 is taken up for disposal at the admission stage. 3. Bereft of details, the grievance of the petitioner is against a notice dated 30.06.2022 issued by the respondent no. 3 demanding an amount of Rs.2,30,37,046.02/- within 15 days, failing which, the electricity connection would be disconnected. 4. This Court while considering the matter on 18.07.2022 had passed an interim order which is continuing. 5. The learned counsel for the parties are in agreement that the issue would be covered by the judgment passed by the Hon’ble Supreme Court in the case of Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited and Anr. Vs Rahamatullah Khan @ Rahamjulla reported in (2020) 4 SCC 650 which has already been taken into consideration by this Court in another writ petition i.e. WP(C)/3524/2021 (M/s Rahman Properties Ltd. Vs M/s Assam Power Distribution Company Ltd.). 6. Following the above, the instant writ petition stands disposed of with the Page No.# 3/3 following directions: (a) The respondent authorities cannot disconnect the electricity to the establishment of the petitioner on the basis of the bill dated 30.06.2022. (b) While the authority to raise supplementary bill is not interfered with, it is made clear that on the basis of the said supplementary demand raised by the bill dated 30.06.2022, there cannot be a disconnection of the electricity. (c) Liberty is granted to the respondents to take steps for recovery of the said amount, subject to being permissible as per law. In the circumstance, steps are being taken for recovery as per the mode permissible under law, the petitioner would be at liberty to take all such grounds, which have been raised in the present writ petition, and any other defense permissible under law. 7. Before parting with the records, this Court for the sake of clarity observes that the liberty so granted to the respondent authorities to initiate proceedings for recovery shall not be construed in any manner that this Court has enlarged the period of limitation. 8. At this stage, Shri Sharmah, the learned counsel for the petitioner has submitted that as per the directions of this Court an amount of Rs. 25 Lakh was deposited which may be adjusted. 9. This Court accordingly observes that the petitioner would be at liberty to submit an application for such adjustment which the APDCL would consider in accordance with law and pass appropriate order(s). JUDGE Comparing Assistant