Research › Search › Judgment

Gauhati High Court · body

2009 DIGILAW 346 (GAU)

Narayan Chandra Roy v. State of Assam

2009-05-22

ANIMA HAZARIKA

body2009
JUDGMENT Anima Hazarika, J. 1. Heard Mr. B. Chowdhury, learned Counsel for the Petitioner. Also heard Mr. B.D. Das learned Standing Counsel, Assam State Electricity Board. 2. This writ petition has been filed for a direction to the Respondents to reconnect/restore the electrical connection to the shop of the Petitioner situated at Jaswant Road, Panbazar, namely "Quality Paper and Stationery Mart". 3. The Petitioner's case in brief, is that the Petitioner is a tenant under the Respondent Nos. 4, 5 and 6 since 1967 i.e. since their father's life time and paying the rent and electricity bills regularly. The Petitioner deals in educational stationery. On 11.4.2009, the Respondent Nos. 4, 5 and 6 have disconnected the electric supply to the Petitioner's shop for which the business have totally been stopped. Despite several requests to the Respondent Nos. 4, 5 and 6 as well as to the State Electricity authority, the same has not been reconnected/restored. Hence this writ petition with the aforesaid prayer. 4. Mr. B.D. Das, learned Standing Counsel, A.S.E.B. on instructions received has submitted that the service connection of the Petitioner has not been disconnected by the A.S.E.B. 5. Mr. Das further submits that the Petitioner has not approached the appropriate authority for reconnection as per Clause 3.7.3 of the terms and conditions of the Regulations notified by the Assam Electricity Regulatory Commission Volume 1 which reads as follows: 3.7.3 Connection with separate meters: Service or sub service with separate meters may be provided as below: 1) In the name of the owner of the premise. 2) In the name of legal occupier provided the owner of the premises furnishes a written undertaking to clear the electricity dues payable by the occupier in case of his default. 3) In the name of the legal occupier without a written undertaking from the owner on realization of additional load security over and above the normal load security. The additional load security would be 3 (three) times normal load security. 6. Mr. Das has submitted that the Petitioner may approach the authority under Sub-clause 3 of Clause 3.7.3 and the ASEB authority shall do the needful accordingly. 7. The additional load security would be 3 (three) times normal load security. 6. Mr. Das has submitted that the Petitioner may approach the authority under Sub-clause 3 of Clause 3.7.3 and the ASEB authority shall do the needful accordingly. 7. Thus, considering the grievances raised in the writ petition and as agreed to by the learned Counsel for the parties, this writ petition is disposed of with a direction that the Petitioner shall approach the authority i.e. Lower Assam Electricity Distribution Company Limited with an application under the above provisions and the authority shall do the needful as expeditiously as possible, as per the aforesaid terms and conditions. 8. The writ petition is disposed of with the above directions. No costs.