WP(C) 3612/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioner, who is the tenant under the respondent Nos.3 and 4 in respect of the premises in question, by the present petition is ventilating his grievance of not providing the electrical connection to the tenanted premises contending i nter alia that though the petitioner filed the application before the respondent ASEB authority under the Terms and Conditions of the Assam Electricity Regulato ry Commission (Electricity Supply Code and Related Matters) Regulation, 2004 (in short, 2004 Regulation ), the ASEB authority has not provided the electrical c onnection and instead insisting upon the No Objection Certificate (NOC) from the landlord, namely the respondent Nos.3 and 4. Mr. Sarma, learned Sr. Counsel appearing for the petitioner submits that since R egulation 3.6.2 of the 2004 Regulation provides for giving electrical connection to any premises even in absence of the NOC from the landlord subject to furnish ing the security deposit to the tune of 3 (three) times of the normal security d eposit required to be made, the ASEB authority cannot insist for submission of t he NOC from the respondent Nos.3 and 4 (landlords), as has been done in the inst ant case. Mr. Sarma further submits that the petitioner has no objection even i f the electrical connection is provided in the name of the respondent Nos.3 and 4 to the tenanted premises occupied by him. Mr. Sarma, learned Standing Counsel, ASEB appearing for the respondent Nos.1 and 2 has submitted that under Regulation 3.6.2 of the 2004 Regulation, the electri cal connection can be provided to a tenanted premises even without the NOC given by the landlord or the owner of the premises subject of course deposit of the s ecurity money to the tune of 3 (three) times of the normal security deposit to b e made. Mr. Sarma further submits that since it is not in dispute that the prem ises in question belongs to the respondent Nos.3 and 4, in the event the said re spondents file any application and make the required deposit, the respondent ASE B shall provide the electrical connection subject to fulfillment of the conditio ns stipulated in 2004 Regulation. Mr. Yadav, learned counsel appearing for the respondent Nos.3 and 4 submits that since the premises belong to those respondents, the electrical connection has t o be provided in their names and they are ready and willing to file appropriate application before the respondent authority within 2 (two) days from today for p roviding the electrical connection to the premises, which is under the occupatio n of the petitioner and shall also pay all required charges and comply with the requirements of the 2004 Regulation. It has also been submitted that in fact an application was earlier filed for shifting of the meter as well as for change o f the name from the earlier land owner to the name of the respondent Nos.3 and 4 after purchase and the deposit made alongwith such application may be adjusted against the amount chargeable in respect of the application that will be filed b y the respondent Nos.3 and 4. Having regard to the aforesaid submission made by the learned counsel appearing for the parties and also the fact that the tenanted premises in possession of th e present petitioner is without the electrical connection, which is the necessit y, the present petition is disposed of with the following directions:- (i) The respondent Nos.3 and 4 shall file a joint application within 2 (two) days from today, i.e. by 25th March, 2011, before the respondent No.2, namely t he Senior Manager, Bongaigaon Electrical Division, by complying with all the req uirements of the 2004 Regulation and payment of all required charges. (ii) The amount, if any, earlier deposited by the respondent Nos.3 and 4 for shifting and/or change of the name of the consumer shall be adjusted against the amount chargeable in respect of the aforesaid application to be filed by the re spondent Nos.3 and 4. In the event any further amount is found to be due and pa yable, the respondent No.2 within 2 (two) days from the date of filing such appl ication inform the respondent Nos.3 and 4, who shall within 2 (two) days thereaf ter, deposit the required amount. (iii) On filing of such application as well as the deposit and compliance of t he requirement of the 2004 Regulation, the electrical connection to the premises in occupation of the petitioner through a meter to be installed in the names of the respondent Nos.3 and 4, shall be provided by the ASEB authority within 48 ( forty-eight) hours thereafter. The bill raised in respect of the electrical ene rgy to be consumed through the said meter to be installed shall be paid by the p etitioner in the name of the respondent Nos.3 and 4, which shall be accepted by the respondent ASEB. The writ petition is accordingly disposed of. No costs.