Anand Singh v. The State of Assam and 5 Ors

ORDER Date : 20.12.2024

The Petitioner herein is aggrieved by the disconnection of the power pertaining to Consumer No. 156010060271 by the APDCL Authorities and it is under such circumstances the instant writ petition has been filed.

¶2Mr. B. Choudhury, the learned Standing counsel appearing on behalf of the APDCL Authorities submitted that the instant writ petition suffers from suppression of material facts inasmuch as it has not been mentioned that the said disconnection was made at the request of one Smti. Shanti Devi who is the wife of the Petitioner's father.

¶3Be that as it may, the learned Standing counsel further submitted that the Petitioner thereupon has applied for a fresh temporary connection on 29.10.2024 by making a payment of Rs.12,200/-. It has been further submitted that a fresh temporary connection thereupon has also been given to the Petitioner pertaining to Consumer No. Page No.# 3/3 156010074283.

¶4Mr. B. P. Borah, the learned counsel appearing on behalf of the Petitioner submitted that he had not been informed about this development.

¶5The learned counsel appearing on behalf of the Petitioner further submitted that the Petitioner has also assailed the order dated

07.10.2024 issued by the Chairman, Bokajan Municipal Board. It is the opinion of this Court that the Petitioner has an alternative and efficacious appellate remedy and as such the question of entertaining a writ petition to a challenge to the transfer of holding cannot be made.

¶6Accordingly, the instant writ petition stands closed. However, the Petitioner would be at liberty to avail such alternative remedy as available under the Assam Municipal Act, 1956, against the order dated

07.10.2024.

¶7The documents which have been placed before this Court by Mr. B. Choudhury, the learned Standing counsel is kept on record and marked with letter "X".

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010268332024 ooooooo 2024:GAU-AS:13064 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6911/2024o ANANDoSINGHo S/O-LATEoJOGENDRAoSINGH,o R/O-oBOKAJANoTOWN,o WARDoNO-3,o P.OoANDoP.S-BOKAJAN,oDIST-oKARBIoANGLONG,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oURBANoDEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI- 781006 2:THEoBOKAJANoMUNICIPALoBOARD oREP.oBYoTHEoCHAIRMAN oBOKAJAN oKARBIoANGLONG oASSAM 3:THEoCHAIRMAN oBOKAJANoMUNICIPALoBOARD oBOKAJAN oKARBIoANGLONG oASSAM 4:THEoASSAMoPOWERoDISTRIBUTIONoCORPORATIONoLIMITEDo(APDCL) oREP.oBYoITSoCHAIRMANo oBIJULEEoBHAWAN oGUWAHATI-o781001 5:THEoSDOo(CIVIL) Page No.# 2/3 BOKAJAN KARBI ANGLONG PIN-782480 6:THE SUB DIVISIONAL ENGINEER BOKAJAN ELECTRICAL SUBDIVISION KARBI ANGLONG PIN-78248 For the Petitioner(s) : Mr. B. P. Borah, Advocate For the Respondent(s) : Mr. B. Choudhury, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH