Page No.# 1/4 GAHC010043002019 2025:GAU-AS:626 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1378/2019 JALIL SEIKH AND 3 ORS. S/O- LATE GAYEB ALI, R/O- VILL- DEOTARI, P.O- ALUKHUNDA, P.S- MANIKPUR, DIST- BONGAIGAON, ASSAM 2: JAKIR HUSSAIN S/O- LATE MUJAFAR ALI R/O- VILL- DEOTARI P.O- ALUKHUNDA P.S- MANIKPUR DIST- BONGAIGAON ASSAM 3: KOISUDDIN ALI S/O- FAKIR SEIKH R/O- VILL- DEOTARI P.O- ALUKHUNDA P.S- MANIKPUR DIST- BONGAIGAON ASSAM 4: JAMIRAN BEWA D/O- MOJAFAR ALI R/O- VILL- DEOTARI P.O- ALUKHUNDA P.S- MANIKPUR DIST- BONGAIGAON ASSA VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY ITS SECRETARY TO THE GOVT OF ASSAM, ELECTRICITY AND POWER SUPPLY DEPTT, DISPUR, GUWAHATI- 06 Page No.# 2/4 2:THE ASSAM STATE ELECTRICITY GRID CORPORATION LIMITED REP. BY ITS MD ASSAM BIJULEE BHAWAN PALTAN BAZAR GUWAHATI- 01 3:THE ASSTT GENERAL MANAGER 132 KV GRID SUB STATION DIVISION ASSAM ELECTRICITY GRID CORPORATION LIMITED DHALIGAON BONGAIGAON ASSAM PIN- 783380 4:THE DEPUTY COMMISSIONER BONGAIGAON P.S- BONGAIGAON DIST- BONGAIGAON ASSAM PIN- 783380 5:THE CIRCLE OFFICER BIJNI REVENUE CIRCLE BIJNI DIST- BONGAIGAON ASSAM PIN- 78338 Advocate for the Petitioner : MR. M AHMED, MR. M HOSSAIN,MD. S Z B AKLAS Advocate for the Respondent : GA, ASSAM, SC, AEGCL BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 22.01.2025 Heard Mr. S. A. Ahmed, the learned counsel appearing on behalf of the petitioners. Also heard Ms. K. Phukan, learned Standing counsel appearing for the respondent no. 2 & 3 and Mr. S. R. Baruah, learned Government Advocate Page No.# 3/4 appearing for the respondent nos. 4 & 5. 2. The petitioners, herein, are aggrieved by the non-payment of the Zirat as well as also for the adequate compensation in respect to the right of the use of the land which was acquired by the respondent authorities. 3. Ms. Phukan, learned counsel for the respondent nos. 2 & 3 has submitted that the compensation due to the petitioners was assessed and the amounts were released to the petitioners. However, the said submission is disputed by the learned counsel for the petitioner. 4. It is the contention of the petitioners that fair compensation as due to them in the matter has not been assessed and paid by the respondent authorities. 5. This Court duly takes note of that by virtue of Section 164 of the Electricity Act, 2003; the provisions of the Indian Telegraph Act, 1885 have been made applicable in the matter of construction of overhead line by the licensee. Section 10 of the Indian Telegraph Act, 1885 deals with the powers of the authority to place and maintain telegraph lines and posts. Section 16(3) of the Indian Telegraph Act, 1885 provides that in case of any dispute as regards the sufficiency of the compensation, an application may be made before the District Judge within whose jurisdiction the property is situated. 6. Taking into account that the petitioners herein are aggrieved on account of insufficiency of the compensation or no payment of compensation, the petitioners herein would be well advised to approach the learned District Judge, Bongaigaon in terms with Section 16 of the Indian Telegraph Act, 1885. In the circumstance, the said application is filed by the petitioners within a period of 30 days from today, the learned District Judge; Bongaigaon shall proceed with the adjudication of the said proceedings in accordance with the applicable provisions of law. 7. With above observations and directions, the present writ petition stands Page No.# 4/4 disposed of. JUDGE Comparing Assistant