(A.M.Sapre, CJ)

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

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.

By the impugned order, the learned Single Judge declined to consider the prayer made by the petitioner for grant of ad interim writ in the pending writ petition filed by him and therefore feeling aggrieved by declining to grant him the prayer for ad interim writ in relation to the subject matter of the writ petition, the writ petitioner has filed this appeal.

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.

In other words, the grievance of the petitioner is that respondent Nos.1 and 2 have no authority to install/erect the electricity posts on the land belonging to private person/s such as the petitioner herein unless the respondent Nos.1 and 2 obtain permission in writing from either District Magistrate of the area or the Commissioner of Police or any other officer authorized by the State Government in that behalf for carrying out such works as mentioned in the Works of Licencees Rules, 2006.

It is essentially with these grievances, the petitioner has filed the writ petition for restraining the respondent Nos.1 and 2 from going ahead with the construction/installation/erection of the electricity poles on the land belonging to the petitioner till District Magistrate/Commissioner of Police or any other officer authorized by the State Government in that behalf issue certificate for making such construction/erection of electric poles.

The respondents have filed their return, inter alia, contending that the respondents are ensuring compliance of the terms and conditions of the scheme for providing electricity to the villagers in question and therefore no fault can be found in their scheme or in its implementation. It is also contended that the scheme in question does not envisage any kind of such requirement and therefore it is not necessary to obtain any permission from the District Magistrate or any other officer authorized by the State in that behalf. It is also contended that the electrical posts are being installed/erected on the public road and not on the land belonging to the petitioner and therefore there is no need to obtain any permission from the concerned authorities specified in Rule 3(1)(b) of the Works of Licensees Rules, 2006.

Having heard the learned counsel for the parties and upon perusal of the record of the case, we are inclined to dispose of this appeal with the following directions, which in our opinion would also result in the