Page No.# 1/3 GAHC010015182020 2025:GAU-AS:6925 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/651/2020 PRAGATISIL SANGTHA REGISTRATION NO. BAK/260/C/138 OF 2008 UNDER THE SOCIETIES REGISTRATION ACT 1860 REP. BY ITS PRESIDENT- SRI DHANESWAR KALITA AGED ABOUT 58 YEARS S/O- LT. KANAK KALITA R/O- VILL. KADAMTALA P.O. NISLAMARI P.S. BARAMA DIST. NALBARI ASSAM PIN- 781349. VERSUS ASSAM POWER DISTRIBUTION COMPANY LTD. AND 3 ORS. REP. BY THE CHIEF GENERAL MANAGER (COM) APDCL 5TH FLOOR BIJULI BHAWAN PALTAN BAZAR GHY. PIN- 781008 ASSAM. 2:CHIEF EXECUTIVE OFFICER RANGIA ELECTRICAL CIRCLE APDCL SANTIPUR RANGIA KAMRUP PIN - 781354 ASSAM. 3:ASSTT. GENERAL MANAGER NALBARI ELECTRICAL DIVISION PAILA APDCL NALBARI PIN- 781335 ASSAM. Page No.# 2/3 ------------ Advocate for : MR D CHOUDHURY Advocate for : SC APDCL appearing for ASSAM POWER DISTRIBUTION COMPANY LTD. AND 3 ORS. BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 28-05-2025 1. Heard Mr. D. Choudhury, learned counsel for the petitioner and Mr. S.P.Sharma, learned Standing counsel, APDCL for the respondent Nos. 1 to 4. 2. The petitioner has preferred this writ petition assailing the letter dated 05.06.2018, issued by the Executive Engineer, Rangia Electrical Circle, LAR, APDCL, whereby the operation of Collection Based Distribution Franchise (CBDF) agency of the petitioner under Rangia Electrical Circle was suspended with immediate effect. 3. It is the contention of the petitioner that the petitioner was entitled for an amount of Rs. 19,63,790/- as arrear of revenue against the bills of the consumers in addition to the security deposit amounting to Rs. 1,43,600/- for such franchisee and therefore, the claim for payment of the aforesaid amount is also made in this writ petition. 4. The respondent APDCL has filed an affidavit and at paragraph 5 of the aforesaid affidavit, it is contended that the respondent APDCL revised the final settlement of the account of the petitioner and as per letter dated 01.03.2021 issued by the Chief General Manager (COM), the admitted amount, which is due to the petitioner is Rs. 19,17,057/- and the aforesaid amount was arrived at, after adjustment of the load security deposit and after adjustment of consumer bill rectification and also after Page No.# 3/3 adjustment of the consumer arrears. 5. It is further contended by the respondent APDCL that if the petitioner still claims any amount beyond the aforesaid due, the petitioner may take recourse to the prescribed provisions of settlement under Clause 15 of the CBDF agreement dated 01.12.2016. 6. To the aforesaid contentions, learned counsel for the petitioner submits that in view of the clear admission, the respondent APDCL may be directed to make the payment of the admitted outstanding dues amounting to Rs. 19,17,057/- and it is his contention, which is also reflected in the reply affidavit filed by the petitioner that, he will accept the aforesaid amount and will not further escalate his grievances. 7. In view of the aforesaid, this writ petition stands disposed of directing the Chief General Manager (COM), APDCL to make aforesaid amount Rs. 19,17,057/- to the petitioner within a period of two months from the date of receipt of a certified copy of this order to be produced by the petitioner before the Chief General Manager (COM), APDCL. The jurisdictional Chief Executive Officer, APDCL, shall duly co- operate for compliance of the order. 8. Copies of the order passed today be furnished to the Chief General Manager (Com), APDCL and to the Chief Executive Officer, Rangia Electrical Circle. 9. With the aforesaid observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant