HAREKRISHNA TALUKDAR Vs. ASSAM POWER DISTRIBUTION CO. LTD

JUDGEMENT

(1.) HEARD Mr. P.K. Roy Choudhury, learned counsel for the appellant and Mr. B. D. Das, learned Standing Counsel, ASEB, appearing for the respondents.

(2.) THIS is an intra -court appeal under Rule 2(3) of Chapter VA of the Gauhati High Court Rules filed by the writ petitioner of WP(C) No.2695 of 2014 against the interim order dated 20.06.2014 passed by learned Single Judge.

(3.) THE case of the appellant (writ petitioner), in substance, is that he is the owner of a plot of land measuring 25 bighas covered by part of Dag No.4 to 11 corresponding to Patta No.F.S. Grant No.1 of village Panikheti under Beltola Mouza in the district of Kamrup and another plot of land measuring 25 bighas (14 Bighas covered by part of Dag No.278 to 286 and 11 Bighas covered by part of Dag No.288 to 295) corresponding to Patta No.F.S. Grant No.1 of village Panikheti under Beltola Mouza in the district of Kamrup, Assam. These two plots of land were purchased by the petitioner by two registered sale deeds dated 14.05.2011 and 15.05.2013 bearing Sale Deed Nos.4059/2011 and 3847/2013 respectively. The petitioner complains that respondent No.1 and 2 in execution of a scheme, by name Rajib Gandhi Vidyutikaran Yojana for supply of electricity to the villagers of the said village, are laying overhead lines over his land. He has complained that to install the overhead lines, the respondent Nos.1 and 2 are erecting/installing electric posts on his land without ensuring compliance of Rule 3 sub -clause (1)(b) of Works of Lincensees Rules, 2006 framed in exercise of the powers conferred by Section 67(2) read with Section 176(2)(e) of the Electricity Act, 2003.