Page No.# 1/4 GAHC010254352025 2026:GAU-AS:256 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6751/2025 BICKY BASUMATARY SON OF -LATE RANENDRA BASUMATARY, RESIDENT OF FAKIRAGRAM PURAN BAZAR ,FAKIRAGRAM, PO- FAKIRAGRAM, DIST- KOKRAJHAR, BTR, ASSAM PIN- 783345 VERSUS ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL) AND 3 ORS A GOVERNMENT OF ASSAM UNDERTAKING INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT BIJULEE BHAVAN PALTAN BAZAR GUWAHATI ASSAM PIN- 781001 REPRESENTED BY ITS CHAIRMAN -CUM- MANAGING DIRECTOR 2:THE CHIEF GENERAL MANAGER (D ANDS) ASSAM POWER DISTRIBUTION CO. LTD. (APDCL) LOWER ASSAM REGION (LAR) BIJULEE BHAWAN 5TH FLOOR PALTAN BAZAR GUWAHATI ASSAM PIN- 781001 3:THE ASSTT. GENERAL MANAGER KOKRAJHAR ELECTRICAL DIVISION ASSAM POWER DISTRIBUTION COMPANY LTD. KOKRAJHAR BTR ASSAM 4:THE CHIEF EXECUTIVE OFFICER KOKRAJHAR ELECTRICAL CIRCLE Page No.# 2/4 LOWER ASSAM REGION (LAR) ASSAM POWER DISTRIBUTION COMPANY LTD. KOKRAJHAR BTR ASSA For the Petitioner(s) : Mr. B.J. Mukherjee, Advocate For the Respondent(s) : Mr. K.P. Pathak, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 07.01.2026 Heard Mr. B.J. Mukherjee, the learned counsel appearing on behalf of the petitioner. Mr. K.P. Pathak, the learned Standing Counsel appears on behalf of the APDCL Authorities. 2. The petitioner herein is aggrieved by the Office Order dated 13.01.2023 whereby 50% of the family pension has been held- up, whereas the remaining 50% has been released in favour of Smt. Sabita Basumatary, who is the first wife of Late Ranendra Basumatary. 3. The records reveal that pursuant to the filing of the instant writ petition on 14.11.2025, this Court sought for instructions from the APDCL Authorities as to under what circumstances the petitioner was deprived of 50% of the family pension. 4. Today Mr. K.P. Pathak, the learned Standing Counsel, APDCL Page No.# 3/4 has produced before this Court a set of documents which are collectively kept on record and marked with the letter “X”. From a perusal of the said documents, it is seen that there were various Next of Kin Certificates issued. 5. Taking into account that there were various Next of Kin Certificates issued, a dispute arose between the first wife and the second wife of Late Ranendra Basumatary and on the basis thereof, the Additional District Magistrate, Kokrajhar had passed an order dated 22.09.2022. In terms with the said order, it is mentioned that the Next of Kin Certificate can only be issued in favour of Smt. Sabita Basumatary, who is the first wife of late Ranendra Basumatary along with her son and daughter. This said order, however, has not been challenged by the petitioner in spite of having due notice. On the other hand, the petitioner has only assailed the Office Order dated 13.01.2023 which is based upon the order dated 22.09.2022. 6. It is the opinion of this Court that without a challenge to the order dated 22.09.2022 and a nullification of the said order, the Office Order dated 13.01.2023 cannot be interfered with. Accordingly, this Court does not find the present case to be a fit case for issuance of notice, for which, the instant writ petition stands dismissed. Page No.# 4/4 7. The dismissal of the instant writ petition, however, shall not prejudice the petitioner to assail the order dated 22.09.2022 and if in the circumstance, the said order is interfered with, the petitioner would always have the liberty to approach this Court challenging the actions for non-payment of 50% of the family pension, if so advised. JUDGE Comparing Assistant