Page No.# 1/3 GAHC010226512025 2025:GAU-AS:14192 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5998/2025 SANTI DAVI LALANI WIFE OF MAL CHAND LALANI, RESIDENT OF VILLAGE- BILASIPARA TOWN, WARD NO.- 8, P.O. BILASIPARA, DISTRICT- DHUBRI, ASSAM. PIN- 783348 VERSUS THE ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL) AND 5 ORS. TO BE REPRESENTED BY THE CHAIRMAN, APDCL, BIJULEE BHAWAN, PALTANBAZAR, GUWAHATI- 781001 2:THE MANAGING DIRECTOR APDCL BIJULEE BHAWAN PALTANBAZAR GUWAHATI- 781001. 3:THE CHIEF EXECUTIVE OFFICER KOKRAJHAR ELECTRICAL CIRCLE APDCL (LAR) KOKRAJHAR DISTRICT- KOKRAJHAR ASSAM. PIN-783370 4:THE DEPUTY MANAGER (IRCA) KOKRAJHAR ELECTRICAL CIRCLE APDCL (LAR) KOKRAJHAR DISTRICT- KOKRAJHAR ASSAM. PIN- 783370. Page No.# 2/3 5:OFFICE OF THE ASSISTANT GENERAL MANAGER TESTING AND COMMISSIONING DIVISION (APDCL) KOKRAJHAR DISTRICT- KOKRAJHAR ASSAM. PIN-783370. 6:THE SUB DIVISIONAL ENGINEER BILASIPARA SUB- DIVISION APDCL LAR BILASIPARA DISTRICT- DHUBRI ASSAM. PIN- 783348 For the Petitioner(s) : Mr. L. R. Mazumder, Advocate For the Respondent(s) : Mr. B. Chowdhury, SC, APDCL BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.10.2025 Heard Mr. L. R. Mazumder, the learned counsel appearing on behalf of the Petitioner and Mr. B. Chowdhury, the learned Standing counsel appearing on behalf of the APDCL. 2. The Petitioner herein is aggrieved by the impugned provisional assessment bill dated 19.02.2025 and the final assessment bill carried out in terms with Section 126 of the Electricity Act, 2003. 3. Mr. B. Chowdhury, the learned Standing counsel appearing on behalf of the APDCL submits that the Petitioner has an alternative remedy available in terms with Section 127 of the Electricity Act, 2003. 4. Mr. L. R. Mazumder, the learned counsel appearing on behalf of the Page No.# 3/3 Petitioner submits that the period for filing the appeal is only 1 (one) month. Taking into account that the Respondents have raised the plea of alternative remedy, it is the opinion of this Court that if this Court is required to relegate the Petitioner to the statutory appeals, an opportunity has also to be given to the Petitioner. 5. Considering the above, this Court without entering into the legality and validity of the provisional assessment bill as well as the final assessment bill closes the instant writ petition thereby granting liberty to the Petitioner to approach the appellate authority in terms with Section 127 of the Electricity Act, 2003. 6. It is made clear that if the Petitioner approaches the appellate forum within a period of 30 days from today, the appellate authority shall decide the appeal subject to fulfillment with other requirements on merits. JUDGE Comparing Assistant