Biplab Kumar Sharma, J.

1. By means of this writ petition, the petitioner has challenged the Annexure-E report dated 3.6.2008 of the Manager, Nalbari Electrical Sub-Division-I addressed to the Sr. Manager, Nalbari Electrical Division in reference to the representation that was made by the petitioner making a grievance against installation of three concrete poles over his plot of land. The petitioner has also challenged the Annexure-E1 communication dated 23.6.2008 of the Sr. Manager, Nalbari Electrical Division, by which it was conveyed that the Annexure-E report dated 3.6.2008 would speak for itself. For a ready reference, both Annexure-E and E1 are quoted below:

"Annexure-E

O/O The Manager, Nalbari Electric

Sub-Division-1

No. LAEDCL/MANAGER/NESD-1/APDRP 08....653.

Dated 03.06.08

To,

The Sr. Manager

Nalbari Electrical Division

LAEDCL, Nalbari

Sub: Representation by Shri Prahlad Singania, Nalbari

Ref: Your letter No. SM/NED/C-75(G)/08/55 Dated: 29.05.08

Sir,

With reference to the above, I have the honour to inform you the following fact regarding complaint lodged by Prahlad Singania.

As per APDRP proposal a VIP Feeder is under construction to cater load of existing Nalbari Town 11 kv feeder No. 1. Due to lack of sufficient space in regards of right of way in the proposed alignment, we proposed the alignment by converting the existing 11 kv Nalbari Toad Feeder No. 1 to double circuit. In doing so we have proposed to replace some of the old Sal pole to increase the strength of the feeder. Accordingly 2 Nos. of single Sal pole have been replaced by new Psc poles. Out of these two poles, structure of one has been converted to double pole structure. These poles are erected strictly in the same position as the Sal poles were keeping the alignment of the line unchanged. Single line diagram of the system is enclosed herewith which will clear the picture.

Under the above circumstances I am of the opinion that the allegation as made by Shri Prahlad Singania is baseless. Further the fact as narrated to him at site when progress works were undergoing.

Keeping the existing alignment intact only 3 Nos. (1 No. Single pole & 1 pair of DP structure) are erected for strengthening the line.

This is for favour of your information and necessary action.

Enclosed: A single line diagram.

Yours faithfully

Manager

NESD-1"

"Annexure-E1

Office of the Senior Manager Nalbari Electrical Division LAEDCL, Nalbari

No. SM/NED/C-75(G)/08/15/Dt. 23.06.08

To

Shri Prahlad Rai Singhania

S/o Late Gopiram Singhania

Nalbari Ward No. 2

Nalbari, Assam.

Sub: Shifting of concrete poles from your land.

Ref: Your representation Dtd. 11th April/2008

Sir,

Reference above, I received your representation to shift the concrete poles from the present place to the side of the municipality road at the eastern side of boundary wall. In pursuant to your letter, a report was called for from the Manager, NESD-I an accordingly he submitted his report which is self explanatory (copy enclosed)

Enclo: As above.

Your's faithfully

Senior Manager

Nalbari Electrical Division"

There is no dispute that three concrete electric polesare installed over the plot of land of the petitioner measuring 1 bigha 3 kathas 10 lechas at Nalbari Town, Ward No. 2 covered by Patta No. 36/37, Dag No. 998/999 under Mouza-Khata Vill-Khatabari Khanda (Part) in the district of Nalbari.

2. According to the petitioner, the respondents had earlier installed wooden electric poles over his aforesaid land for supply of electricity. Inspite of several request being made to the respondent No. 4 for shifting of the wooden poles, nothing was down, but the petitioner was assured of doing the needful in the event of replacement of the same by concrete poles. In paragraph-4 of the writ petition, the petitioner has stated that he had already relinquished a strip of land measuring 6 ft. width and 161 ft. length in the eastern side of the plot of land to provide alternative way to draw electric wire by installing poles. In paragraph-5 of the writ petition, the pe