SHILLONG BENCH AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. N. Dutta learned counsel for the writ petitioner and also Mr. S. C. Shyam, learned Addl. C.G. S.C.

(2.) This petition has been filed for issue of an appropriate writ for quashing the order dated 22.7.2002 passed by the respondent authority. The impugned order reads as follows:

(3.) Petitioner's case is that he was given temporary connection by the Army Authority on request after due enquiry on certain terms and conditions which are reflected in the affidavit sworn by him on 17.10.2000. The impugned order has been challenged on the ground that the respondent authority cannot terminate the power connection to his residence since he has not violated any of the conditions incorporated therein. Mr. B.N. Dutta, learned counsel for the petitioner argued at length to show that the Army Authority as licensee has extended connection for supply of power to the residence of the writ petitioner and, as such, they are now estopped from taking any decision to disconnect the supply, particularly when there is no violation of the conditions mentioned in the affidavit. The learned counsel further submitted that the Army Authority had taken the decision to supply power to the private residence of the writ petitioner after thorough enquiry and considering the bulk supply of power they get from the Meghalaya State Electricity Board. It is further pointed by the learned counsel that the petitioner has not consumed more than 1 KW load as per order dated 12th October, 2000 and as such, there is no cause of action for them to act in deviation of the agreement for supply of power.