Page No.# 1/4 GAHC010087712022 2025:GAU-AS:7124 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/255/2022 DR. PRASENJIT KAKATI AND ANR. S/O LT. LALIT NATH KAKATI, PRESENTLY RESIDING FLAT NO. 3903, BUILDING BAHAR-1, JUMEIRA BEACH RESIDENCE, DUBAI, P.O. BOX- 450299, UNITED ARAB EMIRATES, AND PERMANENT RESIDENT OF HOUSE NO. 196, DISPUR, GUWAHATI- 781006, DIST. KAMRUP(M), ASSAM. 2: DR. SUMATI CHANGKAKATI PRESENTLY RESIDING FLAT NO. 3903 BUILDING BAHAR-1 JUMEIRA BEACH RESIDENCE DUBAI 67 P.O. BOX- 450299 UNITED ARAB EMIRATES AND PERMANENT RESIDENT OF HOUSE NO. 196 DISPUR GUWAHATI- 781006 DIST. KAMRUP(M) ASSAM VERSUS JISHNU BARUA, IAS AND 5 ORS. THE CHAIRMAN, APDCL, HAVING ITS REGISTERED OFFICE AT BIJULEE BHAWAN, UNDER P.O. AND P.S. PALTAN BAZAR, GUWAHATI- 781008, DIST.- KAMRUP(M), ASSAM. 2:RAKESH KUMAR IAS THE MANAGING DIRECTOR APDCL HAVING ITS REGISTERED OFFICE AT BIJULEE BHAWAN UNDER P.O. AND P.S. PALTAN BAZAR GUWAHATI- 781008 DIST.- KAMRUP(M) Page No.# 2/4 ASSAM. 3:RANJANA SHARMA THE CHIEF GENERAL MANAGER CONSUMER RELATIONS APDCL HAVING ITS REGISTERED OFFICE AT BIJULEE BHAWAN UNDER P.O. AND P.S. PALTAN BAZAR GUWAHATI- 781008 DIST.- KAMRUP(M) ASSAM. 4:JUGAL KISHOR BHARDWAZ THE SUB-DIVISIONAL ENGINEER CAPITAL ELECTRICAL SUB-DIVISION APDCL DISPUR GHY.- 781006 ASSAM. 5:M/S NORTH EAST SUPER SPECIALITY HOSPITAL PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT HOUSE NO. 56 SAPTA SAHID PATH SARUMOTORIA P.O. AND P.S. DISPUR GUWAHATI- 781006 DIST.- KAMRUP(M) ASSAM REPRESENTED BY ITS DIRECTOR SRI RAJESH KUMAR JALAN S/O- LT. L.N. JALAN R/O- HOUSE NO. 17 GAYATRI KUNJ CHITRALEKHA LAND USHA NAGAR DISPUR GUWAHATI- 781006 DIST.- KAMRUP(M) ASSAM. 6:RAJESH KUMAR JALAN S/O- LT. L.N. JALAN R/O- HOUSE NO. 17 GAYATRI KUNJ CHITRALEKHA LAND Page No.# 3/4 USHA NAGAR DISPUR GUWAHATI- 781006 DIST.- KAMRUP(M) ASSAM DIRECTOR OF M/S NORTH EAST SUPER SPECIALITY HOSPITAL PVT. LTD Advocate for the Petitioner : MS D BORGOHAIN, MS. M SARMAH,MS. K BARUAH,MR. P GOHAIN Advocate for the Respondent : MR. D M NATH, MR B CHOUDHURY (r-1 TO 4),MR. K P PATHAK (r-1 TO 4),MR. P N GOSWAMI (r-1 TO 4),MR G RAHUL BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 02.06.2025 Heard Mr. P. Gohain, learned counsel for the petitioners. Also heard Mr. K.P. Pathak, learned counsel for the respondent Nos.1-4. 2. The present contempt petition has been filed by the respondents, on the ground that the order dated 17.09.2021 passed in WP(C) No.4708/-2021 has not been complied with, wherein it has been directed as follows:- “In the interim, the respondents APDCL neither shall restore electricity connection in the house of the petitioners noted above nor shall provide new electricity connection to those addresses of the petitioners without the leave of the Court.” 3. The respondent Nos.1-4 have stated in their affidavit that on 29.01.2022, another random joint inspection was carried out by a team from the Chief General Manager (AT&S), Bijulee Bhawan. During such inspection, one representative of M/s Helicon Builders was present at the site. During the survey, the premises of the petitioner, Dr. Prasenjit Kakati and Helicon Builders Page No.# 4/4 could not be distinctly identified as separate plots, as the entire area has single access point as well as boundary wall. This was communicated by the Sub- Divisional Engineer, Capital Electricity Sub Division, APDCL to the Chief Executive Officer, Guwahati Electrical Circle-I, APDCL. As such, until and unless it is clarified by the Revenue authority or this Court as to the ownership of the said property, wherein the LT-Commercial category electricity connection having a connected load of 14 KW is located, it cannot be said that there was any violation of the order dated 17.09.2021 passed in WP(C) No. 408/2021. In this regard, he has relied upon the letter dated 31.05.2023 issued by the Sub- Divisional Engineer to the Chief Executive Officer, Guwahati Electrical Circle-I. 4. On perusing the letter dated 31.05.2023 and keeping in view the contents of the affidavit filed by the respondent Nos.1-4, it cannot be said that the LT- Commercial category electricity connection having connected load of 14 KW in the name of Subrata Kaur of M/s Helicon Builders amounts to restoration of electricity connection in the house of the petitioners. As such, this Court is of the view that the contempt petition should be closed at this stage. 5. The contempt petition is accordingly closed. JUDGE Comparing Assistant