” Heard Mr. J.C. Gaur, the learned Counsel appearing for the petitioner. Also heard Ms. B. Choudhury, the learned Counsel appearing for the respondents 2,6,7 & 8. The Standing Counsel, ASEB Mr. N. Goswami, appears for the respondents 3, 4 & 5.

2. The petitioner is the plaintiff in the Title Suit No.17/1999 before the learned Civil Judge Jr. Division, Tezpur. He applied for a perpetual injunction under Section 38 of the Specific Relief Act, 1963 (hereinafter referred to as ' the Act' ) to prohibit the defendants from disconnecting electricity to the schedule house, under Holding No. 2961 of Ward No.13 within the Tezpur Municipal Board. According to the plaintiff, he was legitimately occupying a plot of land at Polo field of Tezpur town taken on lease from the owner Abdul Gafar in the year 1951 and he constructed a house on the said land with due permission from the Tezpur municipal authorities.

3. Subsequently the landowner Abdul Gafar donated his property for charitable purpose to the Dakhowali Panchayat and thereafter the plaintiff paid monthly rent to the successor owner. After residing without electricity for some years, the occupier applied for power connection to the ASEB