Page No.# 1/5 GAHC010275142025 2025:GAU-AS:17254 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7168/2025 M/S ZET TRAVELS HAVING ITS HEAD OFFICE AT MANIPURI BASTI, GUWAHATI-781007, DIST. KAMRUP METRO, REPRESENTED BY SMT. SUMAN SINGHA, D/O- LATE JITENDRA SINGHA, R/O- HOUSE NO. 65, BYE LANE-7, BORTHAKUR MILL ROAD, ULUBARI, GUWAHATI-7, DIST. KAMRUP METRO, ASSAM VERSUS ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 9 ORS BIJULEE BHAWAN, PALTANBAZAR, GUWAHATI-781001, ASSAM, REPRESENTED HEREIN BY ITS CHAIRMAN. 2:THE MANAGING DIRECTOR ASSAM POWER DISTRIBUTION COMPANY LIMITED BIJULEE BHAWAN PALTANBAZAR GUWAHATI-781001 ASSAM 3:THE CHIEF GENERAL MANAGER (D) LAR APDCL ULUBARI GUWAHATI-781001. 4:THE DEPUTY GENERAL MANAGER GUWAHATI ELECTRIC DIVISION (CIRCLE-1) APDCL ULUBARI GUWAHATI-781007. 5:THE ASSISTANT GENERAL MANAGER Page No.# 2/5 GUWAHATI ELECTRICAL DIVISION (CENTRAL) APDCL ULUBARI GUWAHATI-781007. 6:THE SUB-DIVISIONAL ENGINEER/ AREA MANAGER ULUBARI ELECTRICAL SUB-DIVISION GUWAHATI ELECTRICAL CIRCLE-1 ULUBARI GUWAHATI. 7:HAWAIBAM JAYCHANDRA SINGH S/O- LATE NABADWIP SINGH R/O- MANIPURI BASTI GUWAHATI-781007 DIST. KAMRUP METRO ASSAM 8:HAWAIBAM BALAKRISHAN SINGH S/O- RANBIR SINGH R/O- MANIPURI BASTI GUWAHATI-781007 DIST. KAMRUP METRO ASSAM 9:HAWAIBAM PRANIT SINGH S/O- BIJOI SINGH R/O- MANIPURI BASTI GUWAHATI-781007 DIST. KAMRUP METRO ASSAM 10:HAWAIBAM KHIDIR SINGH S/O- LATE SAMSON SINGH R/O- MANIPURI BASTI GUWAHATI-781007 DIST. KAMRUP METRO ASSA For the petitioner (s) : Mr. D. P. Borah, Advocate For the respondent (s) : Mr. K. P. Pathak, SC, APDCL Page No.# 3/5 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 12.12.2025 Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the petitioner and Mr. K. P. Pathak, the learned Standing Counsel for the APDCL. 2. The petitioner herein is a tenant under respondent Nos.7 to 10 and had taken on lease a premises. There are dispute between the petitioner as well as the private respondents leading to filing of proceedings under the Assam Urban Areas Rent Control Act, 1972. 3. The record further reveals that there is a decree for eviction of the petitioner passed by both the learned Trial Court as well as the learned First Appellate Court. It is further submitted that there is a revisional proceedings under Section 115 of the Code of Civil Procedure, 1908 pending before this Court which has been registered and numbered as CRP No.113/2025 and the proceedings are pending before this Court. 4. The learned counsel appearing on behalf of the petitioner submitted that though revisional proceedings are pending before this Court, the private respondents have disconnected the electricity, and as such, the petitioner had submitted the application to the respondent No.2 seeking another connection. Page No.# 4/5 However, the said connection having not been provided, the petitioner has therefore approached this Court. 5. Mr. K. P. Pathak, the learned Standing Counsel for the APDCL submitted that if the petitioner seeks for an electricity connection, the petitioner is required to submit an application in a proper format and the manner in which the application has been filed as has been enclosed to the writ petition is not the format. 6. However, Mr. D. P. Borah, the learned counsel appearing on behalf of the petitioner submitted that for making such an application there is a requirement of providing the Lease Deed or a No Objection Certificate from the landlord which under no circumstances the petitioner can obtain taking into account the various disputes pending between the petitioner and the private respondents who are the landlords. 7. This Court has duly considered the respective submissions and taking into account the judgment of the Supreme Court in the case of In Re: Dilip (Dead) Through Lrs. v. Satish & Others, reported in 2022 SCC OnLine SC 816, it is the opinion of this Court that electricity being a basic necessity, the same cannot be deprived by the licensee on the ground of disputes between the petitioner and the private respondents. 8. Accordingly, this Court therefore disposes of the instant writ petition thereby granting liberty to the petitioner to file application Page No.# 5/5 in the proper format for electricity connection and upon fulfilling the necessary requirements, the respondent authorities shall provide the electricity connection to the petitioner. 9. It is observed and directed that while considering the application submitted by the petitioner for electricity connection, the respondent authorities shall not insist on the NOC/Lease Deed from the private respondents. 10. This Court further observes for the sake of clarity that the observations so made herein however shall not affect the inter se rights between the petitioner as well as the private respondents in the proceedings pending in CRP No.113/2025. JUDGE Comparing Assistant