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2025 DAILYLAW 12154 (GAU)

SANJAY KUMAR DAS v. THE STATE OF ASSAM AND ORS

WP(C)/2579/2025 · 2025-05-21

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010098772025 2025:GAU-AS:6490 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2579/2025 SANJAY KUMAR DAS S/O- LATE SUDHIR DAS, R/O- PADMA NIWAS, H NO. 6, LALGANESH, SRINAGAR PATH, ODALBAKRA, GUWAHATI- 34 DIST KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMM AND SECY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI- 781006 2:ASSAM BOARD OF WAKF REP BY ITS CHIEF EXECUTIVE OFFICER SYED TOUHIDUR RAHMAN HATIGAON GUWAHATYI 38 DIST KAMRUP METRO ASSAM 3:ASSAM POWER DISTRIBUTION COMPANY LTD (HEAD OFFICE) JAPORIGOG GUWAHATI DIST KAMRUP METRO ASSAM PIN 781005 4:ASSAM POWER DISTRIBUTION COMPANY LTD MACHKHOWA SUB DIVISION DIST KAMRUP METRO GUWAHATI ASSAM 5:ASHOK TIWARI S/O KEDAR TIWARI R/O FANCY BAZAR WAHID MARKET GUWAHATI 1 DIST KAMURP METRO ASSA Advocate for the Petitioner : G IMTIAZ, Advocate for the Respondent : GA, ASSAM, SC, APDCL Page No.# 2/3 BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 22.05.2025 1. Heard Mr. G Imtiaz, learned counsel for the petitioner. 2. The case of the petitioner is that he is a tenant under the Assam Board of WAKF, however, the electricity connection to the tenanted premises was disconnected due to the actions of the private respondent No. 5. 3. It is the grievance of the petitioner that though the APDCL authorities approved a separate connection in his favour as tenant, however, due to pressure from the respondent No. 5, the APDCL did not connect the required electricity line. 4. Mr. KP Pathak, learned standing counsel for the APDCL in term of this court’s order dated 16.05.2025 has obtained his instruction and submits that the petitioner applied for service connection at Sanvi Garments, Fancybazar with documents like NOC from the WAKF Board, Test Report etc. Accordingly, few officers visited the site for inspection before processing the file for new service connection. It is the contention that at the site, the owner of the building obstructed and quarrelled with the petitioner regarding new electricity connection and according to him new connection could not have been provided without his consent in his building. However, it was later found that the land is under WAKF Board. In view of the above, the authorities are having no objection giving a separate connection subject to fulfilment of the other conditions. 5. In view of the aforesaid, this court is of the opinion that nothing survives to be adjudicated in this writ petition inasmuch as this court expects that the APDCL shall perform their duty as per law and provide the necessary connection if the petitioner is entitled for the same. 6. This disposes the writ petition. The instruction produced by Mr. Pathak is kept on record. 7. While parting with the record, it is made clear that this order shall not be Page No.# 3/3 treated as comment on the ownership and/ or title and /or right of the parties over the premises where the electricity connection is sought. It is further clarified that petitioner shall be at liberty to approached this court or any other forum if any grievance still remains. JUDGE Comparing Assistant