Page No.# 1/5 GAHC010031012019 2025:GAU-AS:4921 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1073/2019 RUTTONPORE PLANTATIONS (P) LTD A COMPANY DULY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT CONTINTENTAL CHANBERS, 4TH FLOOR, 15A, HEMANTA BASU SARANI, KOLKATA- 700001, OWNING RUTONPORE TEA ESTATE AT P.O. NUNAPANI- 788117 IN THE DIST. OF CACHAR, ASSAM, DULY REP. BY ITS DIRECTOR. VERSUS THE ASSAM POWER DISTRIBUTION COMPANY LTD AND 4 ORS. A GOVERNMENT OF ASSAM, UNDERTAKING DULY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI - 781001, DULY REP. BY ITS CHAIRMAN-CUM MANAGING DIRECTOR. 2:THE GENERAL MANAGER BARAK VALLAY ZONE APDCL-CAZ L.B. ROAD SILCHAR. 3:THE DEPUTY GENERAL MANAGER APDCL IRCA BADARPURGHAT. 4:THE STATE OF ASSAM DULY REP. BY THE SECRETARY TO THE GOVT. OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-06. 5:THE SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/5 LABOUR AND EMPLOYMENT DEPARTMENT DISPUR GUWAHATI -6 Advocate for the Petitioner : SC, APDCL, MS. S KEJRIWAL Advocate for the Respondent : GA, ASSAM, SC, APDCL BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 24.04.2025 Heard Mr. S. K. Kejriwal, learned counsel for the petitioner. Also heard Mr. B. Choudhury, learned Standing Counsel, APDCL. 2. The petitioner is a duly incorporated company under the Companies Act, 1956, having its registered office at Continental Chambers, 4th Floor, 15A, Hemanta Basu Sarani, Kolkata. The petitioner company carries on the business, inter-alia, of Plantation, Manufacture and Sale of Black Tea and for that purpose they own the Ruttonpore Tea Estate at P.O. Nunapani in the district of Cachar, Assam. 3. It is the case of the petitioner that since the date of inception, the petitioner company could not run its industry efficiently due to erratic power supply inasmuch as there is frequent and long power cuts without any prior notice. The petitioner company therefore has approached this Court by way of the present writ petition with the following prayers:- “It is, therefore, prayed that Your Lordships may be pleased to admit this petition, call for the records of the case, issue a Rule calling upon the respondents to show cause as to why a Writ in the nature of Mandamus and/or any other appropriate Writ, Order Page No.# 3/5 or Direction of like nature should not be issued commanding and directing the Respondents -APDCL and Power Department to the Govt. of Assam to ensure 24X7 uninterrupted power supply to the petitioner through independent dedicated feeder line or Sub-Station in terms of the policy decision of the Govt. of India to provide 24X7 power supply to all by March, 2019 as circulated vide Press Release dated 07-12-17 and as to why any other appropriate writ, order or direction should not be issued to the Respondent No.5 not to take any action against the petitioner in the event the petitioner resorts to layoff as per Section 2(kkk) of the Industrial Disputes Act, 1947 for the failure of the Govt. to provide electricity and upon such cause or causes that may be shown and after hearing the parties, further be pleased to make the Rule absolute and/or pass such further or other order(s) as to Your Lordships may deem fit and proper.” 4. Mr. B. Choudhury, learned Standing Counsel, APDCL, has produced a Communication dated 23.04.2025, written by the Assistant General Manager, Silchar Electrical Division – I, APDCL, CAR, Silchar and addressed to the Chief Executive Officer, Cachar Electrical Circle, APDCL, CAR, Meherpur and the said Communication is extracted hereinbelow :- “ASSAM POWER DISTRIBUTION COMPANY LIMITED Office of the Assistant General Manager Silchar Electrical Division - I, Silchar -------------------------------------------------------------------------------------------------------- No: APDCL/SED-I/T- UDAY/2025-2026/92 Date: 23-04-2025 To The Chief Executive Officer Cachar Electrical Circle APDCL, CAR, Meherpur Sub- Regarding 33/11kv Damcherra S/s and 11v Ratanpur Tea feeder Ref- (i) Letter from the SDE vide No. APDCL/SESD-III/T-3/2025-26/34 Dated Page No.# 4/5 23/04/2025. (ii) Your honor Email Dated 23/04/2025 Sir, With reference to the above, I have the honor to inform your honor that as reported by the SDE, Silchar ESD-III(copy enclosed), the construction of 33/11kV Damcherra Sub Station was completed on 23.01.2021 under UDAY 2017-18 scheme but due to some rectification work of 33kV Damcherra feeder there was a delay in charging of the 33/11kv Damcherra Sub station. After completion of rectification work the Substation was charged on 24.07.24 and one 11kv feeder was fed power from that substation. The total length of the 11kv feeder was 46 km approx after bifurcation from 11kv existing Ruttonpore feeder. The construction work of 11kv Ruttonpore dedicated Tea feeder was completed on 02/12/2024 and the same was charged on 08/12/2024 from 33/11kv Damcherra Sub Station. Presently the total length of the 11kv Ruttonpore dedicated Tea feeder is approx 7.80 km feeding only Ruttonpore Tea Estate and hence getting smooth and reliable power supply with minimum interruptions thereafter. This is for favor of your kind information and necessary action please. Yours faithfully Assistant General Manager Silchar Electrical Division-I APDCL, CAR, Silchar” 5. Considering the contents of the Communication dated 23.04.2025, this Court is of the considered opinion that the grievance of the petitioner has been redressed. 6. Learned counsel for the petitioner also submits that as the grievance of the petitioner has been redressed by the Communication dated 23.04.2025, this writ petition may be closed. 7. Recording the submissions made by the learned counsel for the petitioner Page No.# 5/5 and also taking into consideration the Communication dated 23.04.2025, extracted hereinabove, this writ petition is accordingly closed. 8. The Communication dated 23.04.2025 is placed on record. JUDGE Comparing Assistant