WP(C) 4757/2009 BEFORE THE HON’BLE MR. JUSTICE B.K.SHARMA Heard Mr. M. Bhuyan, learned counsel for the petitioner and Mr.B.D.Das, learned Standing Counsel, ASEB. Also heard Mr.A. Choudhury has made submission b ehalf of the Respondent No.6. This writ petition has been filed praying for a direction to the Respond ent to restore the electricity connection to the Tea Estate called Hautley Tea E state, Golaghat. The said tea garden is presently being managed by the petitione r as managing agent of the Respondent Bank, which has taken over the tea estate as per the provisions of the Securitization and Reconstruction of Financial Asse ts and Enforcement of Security Interest Act, 2002. The present liability of the petitioner is Rs.21,56,695/-, which was con veyed by the Respondent Board to the petitioner by Annexure-7, letter dated 10.0 6.09. Needless to say, the said liability was of the previous owner of the Tea E state. The electricity connection has been disconnected on 29.06.2005 for non-pa yment of electricity dues. Mr. Bhuyan, learned counsel for the petitioner referring to the facts an d circumstances involved in the case and also the present scenario of the Tea Es tate prays for payment of the electricity dues on suitable installments, to whic h Mr.B.D.Das, learned Standing Counsel, ASEB, has opposed. However, he fairly su bmits that if the amount is liquidated in suitable installments, possibly, the A SEB will have no objection. Considering the matter in its entirety, I am of the considered opinion t hat ends of justice would be met if a direction is issued to restore the electri city connection to the Tea Estate on following conditions:- (1) The petitioner shall pay an amount of Rs.3,40,024/- (Rupees three lacs f orty thousand twenty four only) as first installment towards liquidating the out standing dues; (2) As soon as the first installment is paid by the petitioner, the ASEB sh all restore electricity connection to the petitioner’s Tea Estate; (3) If the electricity connection is restored, as directed above, the petiti oner shall pay Rs.50,000/- (Rupees fifty thousand only) per month towards liquid ating the balance outstanding dues; (4) Such installments shall be paid in the first week of every month and in case of default to pay the amount as aforesaid, to which Mr. Bhuyan, learned cou nsel for the petitioner has agreed then the ASEB will be at liberty to disconnec t the electricity connection; (5) As regards the amount of Rs.7,16,671/- (Rupees seven lacs sixteen thousa nd six hundred seventy one only) i.e. 50% Surcharge, the petitioner will make pr oper application before the authority for consideration of waiver of the amount. In the event of making such application for waiver, the authority may consider the same in accordance with law; (6) Subject to consideration of the petition for waiver of the Surcharge, th e petitioner shall continue to pay Rs.50,000/- (Rupees fifty thousand only) per month, as directed above, for liquidating the entire amount of outstanding dues. With the above direction, the writ petition is disposed of.