ORDER

02.12.2022 Heard Shri D Chetia, learned counsel for the petitioner. Also heard Shri P Das, learned counsel appearing on behalf of Shri PN Goswami, learned Addl. Advocate General, Assam representing the Assam Power Distribution Company Ltd. (APDCL) whereas Shri J Handique, learned State Counsel, Assam is present for the State respondents.

2. The APDCL has filed an affidavit-in-opposition which has been brought on record.

3. The case projected in the writ petition is that in a plot of land covered by Dag No. 243 of PP No. 101 of Bangali Gaon under Teok Mouza in the district of Jorhat, six numbers of electrical poles have been erected by the APDCL. The petitioner claims that such erection is wholly illegal and requests were made to the APDCL authorities to remove the poles which were connected with wire of 33/11 KV lines. However, the requests were paid no heed. The approach of the petitioner before the Circle Officer also did not yield any result and therefore, the present writ petition has been filed with the following prayer:

“In the premises aforesaid, it is therefore respectfully prayed that Your Lordships may be pleased to admit this application, call for the records and issue a Rule calling upon the Respondents to show cause as to why a writ in the nature of:

i) Mandamus shall not be issued directing the respondents to forthwith remove the electric posts (33/11 KV) Line from the land of the petitioner measuring 4 Bigha, 9 Lecha covered by Dag No.243, Period Patta No. 101 situated at Bangali Gaon under Teok Mouza in Jorhat district and ii) Mandamus shall not be issued directing the respondents to pay adequate compensation in lieu of using the land of the petitioner by erecting six numbers of electric poles and”

4. Shri Chetia, learned counsel for the petitioner has drawn the attention of this Court to a certificate dated 20.03.2014 issued by the Circle Officer, Teok Revenue Circle as per which, six pairs of electric poles have been erected on the plot of land under Dag No. 243 Patta No. 101 and in support thereof, the petitioner has also annexed photographs. The learned counsel for the petitioner, accordingly submits that a direction be issued for removal of the same.

5. Per contra, Shri Das, learned counsel for the APDCL submits that the projections made in the writ petition are wholly incorrect. The stand of the APDCL is that though six numbers of posts have been erected, those are not in the plot of land of the petitioner but in a plot of land under Dag No. 242 under Village-Bangali Gaon of Teok Revenue Circle in the district of Jorhat which is owned by the APDCL. In paragraph 4 of the affidavit-in-opposition filed on 30.11.2022, it has been stated that the said electric posts are within the bounded boundary of the Teok sub-station of the APDCL situated on the plot of land covered by Dag No. 242. The aforesaid statements are also supported by the Jamabandi copy as well as Trace Map which prima facie show that the poles are in the plot of land of the APDCL and not the petitioner. For ready reference, the averments made in paragraph 4 of the affidavit-in-opposition are extracted hereunder:

“4. That the instant writ proceedings have been instituted praying for a direction to the respondents in the Assam Power Company Ltd. to remove the electrical posts of a

33/11 KV Line from the land of the petitioner and for payment of compensation for use of his land. In the regard, the deponent would like to categorically state that the electric posts are within the bounded compound of the Teok sub-station of the Assam Power Distribution Company Ltd. situated on a plot of land covered by Dag No. 242 under Village Bongali Gaon of Teok Revenue Circle in the district of Jorhat, Assam. As per the contention of the petitioner, he is owner of the land under Dag No. 243 and therefore, he has no right whatsoever to pray for the shifting of the electric lines which are not on his property or payment of compensation in lieu thereof.”

6. Considering t