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2025 DAILYLAW 23994 (GAU)

ABINASH DAS v. THE STATE OF ASSAM AND 5 ORS

WP(C)/6459/2025 · 2025-11-16

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010248802025 2025:GAU-AS:15483 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6459/2025 ABINASH DAS SON OF LATE ANIL CHANDRA DAS, RESIDENT OF VILLAGE AND P.O.- JURPUKHURI, P.S. SANKARDEV NAGAR, DISTRICT- HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, POWER (E) DEPARTMENT, DISPUR, GUWAHATI-781006. 2:ASSAM ELECTRICITY GRID CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR BIJULI BHAWAN PALTANBAZAR GUWAHATI-781001. 3:THE ADDITIONAL DISTRICT COMMISSIONER HOJAI. 4:THE CO-DISTRICT COMMISSIONER LUMDING DISTRICT- HOJAI ASSAM 5:THE CIRCLE OFFICER LANKA REVENUE CIRCLE LANKA. DIST- HOJAI ASSAM 6:THE ASSISTANT GENERAL MANAGER 220KV GRID SUB-STATION (AEGCL) SAMUGURI Page No.# 2/4 Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED Advocate for the Respondent : GA, ASSAM, SC, AEGCL BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.11.2025 Heard Mr. S.K. Ghosh, learned counsel for the petitioner; Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the respondent nos. 1, 3, 4 & 5; and Ms. K. Phukan, learned Standing Counsel, Assam Electricity Grid Corporation Ltd. [AEGCL] for the respondent nos. 2 & 6. 2. In view of the nature of issue involved, this writ petition is taken up for consideration at the motion stage itself, at the instance of learned counsel for the parties. 3. The petitioner has stated that he is the owner of different parcels of land, covered by Patta nos. 24, 25, 28, 99 & 177, situate at Village : Jurphukhuri, Lot no. 1, Lanka, District – Hojai, by way of inheritance and by purchase. 4. The respondent authorities in the AEGCL, has undertaken a project of upgradation of electricity supply and for the said purpose, it is constructing/shrinking a 220 KV DC transmission line connecting the existing 400 KV Misa Grid PGCIL to the existing 132 KV Sankardev Naga GSS-AEGCL. According to the petitioner, for the purpose of said project, the respondent authorities at AEGCL contemplated to install Post no. 3 and Post no. 4 inside the parcels of land belonging to the petitioner. In that connection, the petitioner has been served with a Notice dated 09.06.2025 by the respondent no. 3 and subsequently, a Notice dated 19.07.2025 by the respondent no. 4 for hearings in connection with construction of the transmission line under reference. 5. In response to the notices, the petitioner has submitted Representations dated 17.06.2025 before the respondent no. 2 and the respondent no. 3 respectively. The petitioner Page No.# 3/4 has stated that in the same Representations, he has highlighted that it is feasible to take the transmission line over a nearby Government land instead of the petitioner’s parcels of land. As the said Representations are not disposed of by the respondent no. 2 and the respondent no. 3, the petitioner is before this Court by the instant writ petition. 6. Mr. Ghosh, learned counsel for the petitioner has submitted that as the petitioner has raised the ground that it is feasible to take the transmission line under reference over an adjacent Government plot of land instead of the petitioner’s parcels of land, the Representations deserve due consideration by the respondent no. 2 as well as by the respondent no. 3. 7. Both Ms. Phukan and Mr. Sharma appearing for the respondent no. 2 and the respondent no. 3 respectively have submitted that if the Representations are not given consideration till date, this writ petition can be disposed of with a direction to both the respondent no. 2 and the respondent no. 3 to take the Representations of the petitioner on board and thereafter, to dispose them by separate speaking orders. 8. Having regard to the submissions so made and in view of the broad consensus arrived at in the afore-stated manner, this Court is of the considered view that instead of keeping this writ petition pending and without entering into the merits of the respective claims of the parties, the same can be disposed of with a direction that the respondent no. 2 and the respondent no. 3 shall take the Representations submitted by the petitioner before them on 17.06.2025 on board and thereafter, to dispose of the same, by way of speaking orders, after affording the petitioner a hearing, as expeditiously as possible, preferably within a period of one month from the date of submission of a certified copy of this order by the petitioner at their respective Offices. It is ordered accordingly. 9. This order disposes of the writ petition. No cost. JUDGE Page No.# 4/4 Comparing Assistant