Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7609 (GAU)

MANTRI TEA COMPANY PVT. LTD. v. THE ASSAM POWER DISTRIBUTION COMPANY LTD AND 4 ORS.

WP(C)/1071/2019 · 2025-03-20

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010031022019 2025:GAU-AS:3138 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1071/2019 MANTRI TEA COMPANY PVT. LTD. (UNIT - PATHINI TEA ESTATE), A COMPANY DULY INCORPORATED NDER THE COMPANIES ACT,1956 HAVING ITS REGISTERED OFFICE AT CONTINENTAL CHAMBERS, 4TH FLOOR, 15A, HEMANTA BASU SARANI, KOLKATA- 700001 OWNING PATHANI TEA ESTATE AT P.O. CHANDKHIRA, DIST. KARIMGANJ, ASSAM, DULY REP. BY ITS DIRECTOR. VERSUS THE ASSAM POWER DISTRIBUTION COMPANY LTD AND 4 ORS. A GOVT. OF ASSAM UNDERTAKING DULY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVIN GITS 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. Page No.# 2/3 5:THE SECRETARY TO THE GOVT. OF ASSAM LABOUR AND EMPLOYMENT DEPARTMENT DISPUR GUWAHATI -06 Advocate for the Petitioner : MR. S K KEJRIWAL, MS. S KEJRIWAL Advocate for the Respondent : SC, APDCL, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 21.03.2025 1. Heard Mr. S Kejriwal, learned counsel for the petitioners’. Also heard Mr. B Choudhury, learned standing counsel, APDCL appearing for respondent Nos.1 to 3 and Ms. S Baruah, learned Govt. Advocate for respondent for respondent Nos.4 & 5. 2. The grievance of the petitioners’ is that though they applied for a dedicated feeder line for the purpose of running their tea industries for uninterrupted power supply, however, the authorities has not taken a decision resulting into losses and disruption in their industrial activities. 3. A stand taken has been taken in the affidavit that an NIT dated 14.08.2019 was invited by APDCL for construction of dedicated 11 KV Feeder for tea garden from new 33/11 KV Bubrighat sub-station to Shephanjuri tea garden covering Bubrighat tea estate, Longi tea estate, Pathani tea estate (line length 12 KM) and that pursuant to such NIT, work order has also been issued to the successful bidder way back on 14.08.2019, however, due to Covid pandemic situation, Page No.# 3/3 the work could not be completed. 4. Today, Mr. 4. Today, Mr. B Choudhury, the learned standing counsel, APDCL furnished an instruction issued by the Assistant General Manager, Sribhumi Electrical Division, which goes to show that so far relating to 33 KV line, work progress is 97%, for 11 KV line, work progress is 96% and for control room, the work achieved is 93% and therefore he submits that it can be completed within May, 2025. 5. In view of the aforesaid, Mr. Kejriwal in his usual fairness submits that since the APDCL is executing the work, the writ petition can be closed. 6. Accordingly, the writ petition stands closed. 7. As the work has progressed substantially, this court expects that the project would be completed within a reasonable period of time so that, these industries can be granted uninterrupted power supply through dedicated feeder. 8. A copy of the instruction dated 06.03.2025, issued by the Assistant General Manager, Sribhumi Electrical Division is kept of record and marked as document X. JUDGE Comparing Assistant