MONOJ KUMAR BORA Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned senior counsel for the petitioner. Also heard Mr. S. Chakraborty, learned standing counsel, ASEB, appearing for the respondent Nos.1 to 5 and Ms. M. Goswami, learned State counsel, appearing for the respondent No.6.

(2.) This is an application under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent authorities to remove the transformer installed at the entrance of the petitioner's private land and the high tension overhead electrical lines passing over the private land of the petitioner covered by Dag No.2062 of Patta No.27 under Bihpuria Revenue Circle.

(3.) The case projected by the petitioner in the writ petition is that the petitioner possesses the aforesaid land, which measures 3 Bighas with a breadth of 60 feet. During the lifetime of his father, the respondent, Assam State Electricity Board (for short, "Board") without knowledge, permission or consent of the father of the petitioner, had put the overhead electrical lines across the aforesaid land and on protest being made by the father of the petitioner, the respondent No.2 assured the father of the petitioner that the same would be removed. After the father of the petitioner died in the year 1991, he renewed such request but without any avail.