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2025 DAILYLAW 6115 (GAU)

KABITA CHOUDHURY v. THE ASSAM POWER DISTRIBUTION CO. LTD and 4 ORS.

WP(C)/695/2017 · 2025-04-29

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010012062017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/695/2017 KABITA CHOUDHURY W/O LT. PARESH CHOUDHURI, R/O GOPAL NAGAR, RADHAGOBINDRA BARUAH NAGAR, P.O. and P.S. NOONMATI, DIST- KAMRUP METRO, ASSAM VERSUS THE ASSAM POWER DISTRIBUTION CO. LTD and 4 ORS. REP. BY THE MANAGING DIRECTOR/GENERAL MANAGER, BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI 2:THE CHAIRMAN APDCL BIJULI BHAWAN PALTAN BAZAR GUWAHATI 3:THE CHIEF GENERAL MANAGER HR APDCL BIJULI BHAWAN PALTAN BAZAR GUWAHATI 4:THE SENIOR ELECTRICAL INSPECTOR GOVT. OF ASSAM RAJGARH ROAD GHY-3 5:THE SUB DIVISIONAL OFFICER APDCL ODALBAKRA DIST- KAMRUP METRO ASSA Page No.# 2/3 Advocate for the Petitioner : MS.R GOGOI, MR.PARAG J SAIKIA,MS.B GOGOI Advocate for the Respondent : MR.K D SARMASC, APDCL, MR.S P CHOUDHURY(GA, ASSAM),SC, APDCL Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : -30.04.2025 Mr. P. J. Saikia, learned counsel, appearing for the petitioner, after arguing the matter at some length, submits that he be permitted to withdraw the present writ petition with liberty to approach the concerned authorities of the Assam Power Distribution Company Ltd., for raising a grievance with regard to the accident occasioning in the matter and claiming compensation for the same. Mr. K. Pathak, learned counsel, appearing for the respondents No. 1, 2 and 3, has submitted that while he has no objection in the learned counsel for the petitioner to withdraw in the writ petition, however, he submits that the materials available on record do not demonstrate any negligence on the part of the APDCL Authorities making them liable for payment of compensation to the petitioner for the accident involved in the matter. Be that as it may, as Mr. Saikia, learned counsel, appearing for the petitioner, has prayed for withdrawal of the writ petition, this Court is not proceeding to examine the matter on its merits and accepting the prayer of Mr. Saikia, learned counsel, appearing for the petitioner, the writ petition stands dismissed on withdrawal, however, liberty is reserved to the petitioner to take appropriate steps in accordance with law for claiming compensation, before the competent Authority/ competent Court of law. JUDGE Comparing Assistant