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2026 DAILYLAW 1487 (GAU)

JUNU SAIKIA v. ASSAM POWER DISTRIBUTION COMPANY LTD.

WP(C)/1958/2026 · 2026-04-07

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No. 1/3 GAHC010067872026 2026:GAU-AS:5291 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1958/2026 JUNU SAIKIA C/O LATE NITYA NANDA SAIKIA, R/O HOUSE NO 15, NAMGHAR PATH, JUNALI, GUWAHATI -24. VERSUS ASSAM POWER DISTRIBUTION COMPANY LTD. REPRESENTED BY CHAIRMAN CUM MANAGING DIRECTOR, HAVING ITS REGISTERED OFFICE AT BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI- 01. 2:THE SUB-DIVISIONAL ENGINEER ZOO ROAD ELECTRICAL SUB-DIVISION APDCL (LAR) JAPORIGOG GUWAHATI-05. 3:THE ASSISTANT GENERAL MANAGER GUWAHATI ELECTRICAL DIVISION (E) APDCL DISPUR GUWAHATI-06. 4:THE DEPUTY ACCOUNTS OFFICER ZOO ROAD ELECTRICAL SUB DIVISION APDCL (LAR) JAPORIGOG GUWAHATI-05. 5:THE JUNIOR MANAGER (E) APDCL ZOO ROAD ELECTRICAL SUB-DIVISION APDCL (LAR) JAPORIGOG GUWAHATI-05. 6:BRAJEN NATH SUB-DIVISIONAL ENGINEER ZOO ROAD ELECTRICAL SUB-DIVISION Page No. 2/3 APDCL (LAR) JAPORIGOG GUWAHATI-05 Advocate for the Petitioner : MR B P BORAH, MR. U S BORA,MR P J DUTTA Advocate for the Respondent : SC, APDCL, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 08.04.2026 Heard Mr. P.K. Goswami, learned Senior Counsel assisted by Mr. B.P. Borah, learned counsel for the petitioner; and Mr. K.P. Pathak, learned Standing Counsel, APDCL for the respondent nos. 1 – 3. 2. In this writ petition preferred under Article 226 of the Constitution of India, the petitioner have assailed : [i] an Electricity Bill no. 300122 dated 07.10.2025 on the subject : ‘Malpractice Type : Non-Existing Consumer theft of Electricity’; [ii] a Notice bearing no. SDE/ZRESD/Notice/2026/8423 dated 21.02.2026; [iii] an Order on hearing of Assessment Bill bearing no. AGM/GED[E]/T-8/2025-26/544 dated 19.03.2026; and [iv] a Disconnection Notice bearing no. SDE/ADPCL/ZRESD/2025-26/8465 dated 24.03.2026 issued in reference to the Order dated 19.03.2026. 3. Mr. Pathak, learned Standing Counsel, APDCL has submitted, on instruction, that the Provisional Bill no. 300122 dated 07.10.2025; the Notice dated 21.02.2026; and the Order dated 19.03.2026 as well as the consequential Disconnection Notice dated 24.03.2026 have since been cancelled. He has submitted that since the respondent APDCL authorities have materials to proceed under Section 126 of the Electricity Act, 2003, the authorities are contemplating to proceed in the matter by following due procedure. 4. The learned Senior Counsel has submitted that the inspection report prepared by the Officer of the respondent APDCL is also not as per proper procedure. It remains open to the Page No. 3/3 petitioner to assail the same at the appropriate stage, if the petitioner desires so. 5. In view of the decision to cancel the above, the challenges made in the writ petition are no longer required to be adjudicated. The writ petition is accordingly, closed. 6. The documents placed by Mr. Pathak are kept with the case record by marking them as Document ‘A’ collectively. JUDGE Comparing Assistant