Gauhati High Court
WP(C)/4681/2026 of SRI ABHIJIT BHATTACHARJEE Vs THE ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL) AND 2 ORS on 30 August 2026
GAHC010182412026 2026:GAU-AS:12615 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4681/2026 SRI ABHIJIT BHATTACHARJEE S/O LATE RONOBIR BHATTACHARJEE, R/O VILLAGE RAMKRISHNAPUR, P.O.- TITAGURI, DISTRICT- KOKRAJHAR, BTR, ASSAM, PIN- 783370
GAHC010182412026
2026:GAU-AS:12615
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4681/2026
SRI ABHIJIT BHATTACHARJEE
S/O LATE RONOBIR BHATTACHARJEE, R/O VILLAGE RAMKRISHNAPUR, P.O.- TITAGURI, DISTRICT- KOKRAJHAR, BTR, ASSAM, PIN- 783370
VERSUS
THE ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL) AND 2
ORS
REPRESENTED BY ITS MANAGING DIRECTOR, BIJULEE BHAWAN, PALTAN
BAZAR, GUWAHATI, ASSAM, 781001
2:THE SUB-DIVISIONAL OFFICER/ ASSISTANT GENERAL MANAGER
APDCL
KOKRAJHAR ELECTRICAL DIVISION
DISTRICT KOKRAJHAR
ASSAM
3:SRI RAJEEV BHATTACHARJEE
S/O- LT. RANABIR BHATTACHARJEE
R/O- VILL- RAMKRISHNAPUR
P.S. AND DIST.- KOKRAJHAR
(B.T.R.)
ASSA
Advocate for the petitioner(s): Mr. S Das Advocate for the respondent(s): Mr. B Das Standing Counsel APDCL
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
31.08.2026
Heard Mr. S Das, the learned counsel appearing on behalf of the petitioner. Also heard Mr. B Das, the learned Standing Counsel, APDCL.
2. The present writ petition has been filed seeking a direction upon the respondent authorities to restore or re-establish the electricity connection to the residential premises of the petitioner bearing Consumer No.055010071411, or in the alternative to provide a fresh electricity connection to the petitioner in respect to the said premises.
3. This Court duly takes note of that the petitioner had already filed a suit being Title Suit No.3/2023, which is presently pending before the learned Court of the Civil Judge, (Senior Division) Kokarajhar, wherein the petitioner has sought for right, title and interest in respect to the suit land.
4. In the said suit, the APDCL authority had been arrayed as the defendant No.16, and an application was filed seeking mandatory injunction directing the defendant No. 16, i.e. the APDCL authority, to restore the electricity connection. The said miscellaneous application was registered and numbered as Misc.(J) Case No. 5/2023. The Court of the learned Civil Judge, (Senior Division), Kokrajhar vide an order dated 09.10.2023 has rejected the said application
5. The petitioner admittedly did not prefer an appeal, and almost after 3(three) years has approached this Court by filing a writ petition seeking a direction upon the respondent APDCL authorities to restore the electricity connection and/or provide a fresh connection.
6. It is the opinion of this Court that once the petitioner has already approached the Civil Court, seeking a similar relief, and the same relief having been turned down, the remedy of the petitioner does not lie by filing a separate writ petition before this Court. In fact, the present writ petition appears to be a proceedings challenging a judicial order, which is not permissible under the law. The remedy of the petitioner lies in filing an appeal as provided under the provisions of Order XLIII Rule 1(r) of the Code of Civil Procedure, if aggrieved by the order dated 09.10.2023. Accordingly, this Court is not inclined to issue notice in the instant proceedings, for which, the writ petition stands dismissed.
7. Before parting with the records, this Court, however, observes that the petitioner herein would be well advised to file an application before the learned trial court, seeking appropriate remedies in terms with the judgment of the Supreme Court in the case of Dilip (Dead) Through Lrs. Vs. Satish & Others reported in 2022 SCC OnLine SC 810.
JUDGE Comparing Assistant