Page No.# 1/4 GAHC010066682024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1830/2024 SUBIMAL PADUN S/O UMESH PADUN R/O WARD NO. 9, NAPAM TINIALI P.O. KHUBLIA, P.S. DHEMAJI DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY, GOVT. OF ASSAM, DEPARTMENT OF POWER (ELECTRICITY), ASSAM SECRETARIAT, DISPUR, ASSAM 2:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED. REPRESENTED BY ITS CHIEF GENERAL MANAGER BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 3:THE CHIEF EXECUTIVE OFFICER ASSAM POWER DISTRIBUTION CO. LTD. NORTH LAKHIMPUR ELECTRICAL CIRCLE APDCL DIST. NORTH LAKHIMPUR ASSAM 4:THE SUB-DIVISIONAL ENGINEER ASSAM POWER DISTRIBUTIN CO. LTD. DHEMAJI ESD DIST. DHEMAJI ASSAM Page No.# 2/4 5:SMT. THANESWARI PEGU W/O SRI BHIMBAR PEGU R/O NEW MISING GAON P.O. AND P.S. SILAPATHAR DIST. DHEMAJI ASSAM PRESENTLY RESIDING AT JURIPAR PANJABARI ROAD GUWAHATI ASSAM PIN-781037. PH. NO. 943625774 Advocate for the Petitioner : MR. M BISWAS, MR. B J MUKHERJEE,MS R SAHA Advocate for the Respondent : GA, ASSAM, MS. M K SHARMA (R-5),MR S DUTTA (R-5),SC, APDCL BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27.01.2026 Heard Shri B.J. Mukherjee, learned counsel for the petitioner. Also heard Shri B. Das, learned Standing Counsel, A.P.D.C.L. None has appeared for the respondent no. 5. 2. Considering the facts and circumstances, the subsequent developments and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage. In view of the order that is proposed to be passed, absence of the respondent no. 5 shall not have any effect in adjudication of the present case. 3. As per the facts projected, the petitioner is a tenant under the respondent no. 5 and there is a move by the said respondent no. 5 to illegally evict the petitioner and as Page No.# 3/4 a tactic, the electricity has been disconnected. The Landlord has also refused to give any N.O.C. to the petitioner to get a separate electricity connection. The present petition was accordingly instituted. 4. When this matter had come up for consideration on 03.04.2024, notice was issued by this Court with further observation that pendency of the writ petition will not be a bar for the respondents to consider for giving electricity to the petitioner. On the subsequent occasion i.e. 19.04.2024, when this matter had come up for consideration, this Court had made an observation regarding grant of temporary electricity connection. For ready reference, the aforesaid observations are extracted hereinbelow: “8. In view of the said position, as an interim measure, the Court is inclined to provide that it would be open to the petitioner to make an appropriate application before the concerned authorities for resumption of power supply for separate electricity meter. It is provided that if such an application is made supported by required documents, pending further order of the Court and as an interim measure, the APDCL authorities shall consider such application in its own merit without insisting on any NOC of the respondent no.5 landlord and if the petitioner is otherwise found entitled to electricity supply, same shall be provided, which would be subject to further orders that may be passed in this writ petition.” 5. Shri Das, learned Standing Counsel, A.P.D.C.L. has submitted that the aforesaid order has been complied with and temporary connection has, indeed been given to the petitioner. 6. The aforesaid statement of fact has also been endorsed by Shri Mukherjee, learned counsel for the petitioner. Page No.# 4/4 7. The aspect of grant of temporary connection is within the terms and conditions of supply of the A.P.D.C.L. wherein, a tenant is permitted to have electricity in his own name and if N.O.C. is not available, he is required to pay three times the load security. It appears that the petitioner has compled with the aforesaid requirement pursuant to which, temporary electricity connection has been given. 8. In view of the above, this Court is of the opinion that there would be no requirement for further adjudication of the matter and the temporary connection so made is to be sustained subject to fulfillment of the conditions as required in law by the petitioner. 9. The present order, however, shall not have any impact on any litigation pending or probable between the petitioner and the respondent no. 5 with regard to ejectment of the suit premises. 10. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant