WP(C) 3154/2004 BEFORE HON’BLE MR JUSTICE I A ANSARI WP(C) 3154 OF 2004 M/S NANOTECH PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT JAJODIA COMPLEX, AT ROAD, BHARALUMUKH, GUWAHATI-781009 AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031 IN THE DISTRICT OF KAMRUP, ASSAM. Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3153 OF 2004 M/S OZONE PHARMACEUTICALS LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT OZONE HOUSE-1, LSC BLOCK A-3, JANAKPURI, NEW DELHI - 110058 AND REGIONAL OFFICE AT EPIP, AMINGAON, GUWAHATI-781031 IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3174 OF 2004 M/S HINDUSTAN SEALS. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 8/1, LALBAZAR STREET BIKANER BLDG, KOLKATA AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031 IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 2274 OF 2004 JAY SHREE TEA & INDUSTRIES LIMITED, HAVING ITS REGISTERED OFFICE AT INDUSTRY HOUSE, 10 CAMAC STREET, KOLKATA, 700017 AND OWNING AMONGST OTHERS, THE MELENG TEA ESTATE, P.O. NAKACHARI, DISTRICT-JORHAT. - Petitioner - Versus- 1. ASSAM STATE ELECTRICITY BOARD, BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE ADDITIONAL CHIEF ENGINEER (COMMERCIAL), ASEB, PALTAN BAZAR, GUWAHATI-1. 3. THE AREA MANAGER, JORHAT INDUSTRIAL REVENUE COLLECTION AREA, ASEB, P.O. JORHAT, ASSAM. - Respondents. WP(C) 2117 OF 2000 M/S TEAMAFCO PVT. LIMITED, A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT RG BARDOLOI PATH, GOENKA PATH, DIBRUGARH. - Petitioner - Versus- 1. ASSAM STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI. 2. THE ADDITIONAL CHIEF ENGINEER (COMMERCIAL), ASEB, BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI-1. 3. SUPERENTENDING ENGINEER, ASEB, KADOMONI, DIBRUGARH. 4. ASSISTANT EXECUTIVE ENGINEER, TINSUKIA (IR), COLLECTION AREA, ASEB, TINSUKIA. 5. ASSISTANT ENGINEER, TINSUKIA (IR), COLLECTION AREA, ASEB, TINSUKIA. - Respondents. WP(C) 3178 OF 2007 1. M/S HIMATSINGKA MOTOR WORKS LTD., A PUBLIC LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT A.T. ROAD CHATRIBARI, GUWAHATI. 2. SRI SK HIMATSINGKA, DIRECTOR OF M/S HIMATSINGKA MOTOR WORKS LTD., CHATRIBARI, GUWAHATI. - Petitioners - Versus- 1. ASSAM ELECTRICITY DISTRIBUTION COMPANY LIMITED, HAVING ITS REGISTERED OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI-1. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE LOWER ASSAM ELECTRICAL DISTRIBUTION COMPANY LTD., HAVING ITS OFFICE AT ULUBARI, GUWAHATI-7, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-I, LOWER ASSAM ELECTRICAL DISTRIBUTION COMPANY LTD. ULUBARI, GUWAHATI. - Respondents. WP(C) 5632 OF 2005 SMTI. ;KAVERI GOSWAMI, W/O SRI MANORANJAN GOSWAMI, R/O MAA DURGA PATH, KAILASH NAGAR, BELTOLA, GUWAHATI-781028, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN, BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI-781008, ASSAM. 2. THE CHIEF ENGINEER, ASEB, BIJULI BHAWAN, PALTAN, PALTAN BAZAR, GUWAHATI-781008, ASSAM. 3. THE EXECUTIVE ENGINEER, GUWAHATI ELECTRICAL DIVISION (EAST), ASEB, DISPUR, GUWAHATI-781006, ASSAM. 4. THE SUB-DIVISIONAL ENGINEER, GARBHANGA ELECTRIC SUB-DIVISION, ASEB, BELTOLA, GUWAHATI-781028. - Respondents. WP(C) 3173 OF 2004 M/S PLAST INDIA ENTERPRISES. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT GUWAHATI AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3175 OF 2004 M/S OZONE AYURVEDICS, A PROPRIETORY FIRM HAVING ITS REGISTERED OFFICE AT OZONE HOUSE-1, LSC BLOCK A-3, JANAKPURI, NEW DELHI-110058 AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE EXECUTIVE ENGINEER, GUWAHATI ELECTRICAL DIVISION (W), ASEB, GUWAHATI-9. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3176 OF 2004 M/S JYOTHI LABAROTORIES LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT 43, SHIV-SAKTHI INDUSTRIAL ESTATE, MAROL, MUMBAI AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3177 OF 2004 M/S JYOTHY LABORATOIRES LTD. (PHASE-II). A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT 43, SHIV-SAKTHI INDUSTRIAL ESTATE, MAROL, MUMBAI AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3178 OF 2004 M/S JERICHO DETERGENT (P) LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT BYE-LANE NO.3 AT TARUN NAGAR, GUWAHATI AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE EXECUTIVE ENGINEER, GUWAHATI ELECTRICAL DIVISION (W), ASEB, GUWAHATI-9. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3179 OF 2004 M/S UNICEM PAINTS (INDIA) PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT GUWAHATI AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3180 OF 2004 M/S POLYCON INDUSTRIES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT HANUMAN TOWER, SJ ROAD, GUWAHATI, AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3181 OF 2004 M/S GURU DETERGENTS & CHEMICALS PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT RATNA DEWAN ROAD, ULUBARI, GUWAHATI AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3182 OF 2004 M/S TORSA MACHINES LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT GUWAHATI AND A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 3508 OF 2004 HBL NIFE POWER SYSTEMS LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS OFFICE AT ROAD NO. 10, BANJARA HILLS, HYDERABAD AND A MANUFACTURING UNIT AT A FACTORY AT EPIP, AMINGAON, GUWAHATI-781031, IN THE DISTRICT OF KAMRUP, ASSAM. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE SUPERINTENDING ENGINEER, GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, MALIGAON CHARIALI, GUWAHATI-12. 4. THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION, A BODY CORPORATE INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT RG BARUAH ROAD, GUWAHATI-781024, REPRESENTED BY ITS MANAGING DIRECTOR. - Respondents. WP(C) 6460 OF 1999 HOTEL BRAHMAPUTRA ASHOK A UNIT OF ASSAM ASHOK HOTEL CORPORATION LTD. MG ROAD, GUWAHATI-1, REPRESENED BY ITS GENERAL MANAGER KAMAL BHARTI. - Petitioner - Versus- 1. THE ASSAM STATE ELECTRICITY BOARD, A GOVT. OF ASSAM UNDERTAKING, HAVING ITS OFFICE AT BIJULI BHAWAN, PALTAN BAZAR, GUWAHATI, REPRESENTED BY ITS CHAIRMAN. 2. THE ADDITIONAL CHIEF ENGINEER (COMMERCIAL), GUWAHATI ELECTRICAL CIRCLE-II, ASEB, PALTAN BAZAR, GUWAHATI. 3. THE AREA MANAGER, INDUSTRIAL REVENUE COLLECTION AREA-II, ASEB, ULUBARI, GUWAHATI-7. - Respondents. For the petitioners : MR. N DUTTA, MRS. M HAZARIKA, MR. SN SAR MA, MR. GN SAHEWALLA, MR. AK GOSWAMI, Sr. Ad vocate. MR. S SHYAM, MR. R DUBEY, MR. J PATOWARY, MS. A AJIT SARIA, MR. H HARMA, MS. JM BARMAN, P BORA, MD. ASLAM, MR. M MAHANTA, MR. BM CHOUDHURY, MRS. A BHATTACHARYYA, MR. P KALITA, Advocates. For the State respondents: MR. DK MISHRA, SR. ADVOCATE, MR. BD DAS, Standing Counsel, ASEB. MR. HK SARMA, MR. A DEB, MR. D NATH, Advocates. Dates of hearing : 10.06.2004, 01.12.2005, 03.08.2006 01.02.200 7, 09.03.2007, 08.05.2007, 09.08.2007, 10.01.2008, 15.09.2008, 30.09.2008 & 20-0 1-2009 Date of judgment and order : 16.02.2009 PRESENT HON’BLE MR. JUSTICE I A ANSARI JUDGMENT & ORDER By this common judgment and order, I propose to dispose of this set of t he writ petitions inasmuch as all these writ petitions, having raised, substanti ally, same questions of law, have been heard together. These cases are slightly unusual; it is unusual, because, ordinarily, the facts of a case, in a judgment, are first narrated in order to appreciate, correctly, the application of the la w, which may have a bearing on the given case. In the cases at hand, however, se veral common questions of law have been raised and if the answers to the questio ns, so raised, are settled, it would become easier to determine the application of law governing the cases involved in this set of writ petitions. Keeping this end in view, let me, first, formulate the common questions of law, which have be en raised in these writ petitions. The questions are: (i) Whether the Assam State Electricity Board (in short, ’the Board’) has, u nder the law, continued to function, or can be said to have continued to functio n, beyond 09-06-2004, as a State Transmission Utility as well as Licensee as def ined under the Electricity Act, 2003 (in short, ’2003 Act’) ? (ii) Whether the Board is, under the law, competent to realize the dues, whic h became payable by a consumer under the Indian Electricity Act, 1910 (in short, ’1910 Act’) and if so, is there any limitation imposed on such a right of the Board? (iii) On coming into force of 2003 Act, with effect from the appointed date, i .e. 10-06-2003, whether the Board’s right to realize its dues, from a consumer f or his consumption of electricity, can be exercised at any point of time or is t here any limitation on such right of recovery, which may have, otherwise, been a vailable, under 1910 Act, to the Board ? (iv) After coming into force of the 2003 Act, whether the Board can cut off s upply of electricity to a consumer for unpaid dues, if the unpaid dues are sough t to be recovered by raising a bill for consumption of electricity, though no bi ll was raised within a period of one month from the date of consumption of elect ricity nor was the sum, claimed as dues, was continuously shown recoverable as a rrear of charges for electricity supplied for a period of twenty five months fro m the date of consumption of the electrical energy? (v) If no notice of demand, notice of recovery or notice of disconnection wa s served, on a consumer, before coming into force of the 2003 Act, whether it wo uld be permissible for the Board to recover such dues or cut off the supply of e lectricity to the consumer by taking recourse to its rights under the 1910 Act a nd if so, is there any limitation on such exercise of the right of the Board? 2. I have heard Mr. N. Dutta, Mr. S.N. Sharma, Mr. G.N. Sahewalla, Ms. M. H azarika and Mr. MB Choudhury, learned Senior counsel, for the petitioners, and M r. DK Mishra, learned Senior counsel, assisted by Mr. BD Das, learned Standing C ounsel, ASEB, appearing on behalf of the Assam State Electricity Board. I have a lso heard Mr. H.K. Sharma, learned counsel, for the Assam Industrial Development Corporation. 3. Let me, now, deal with the questions, which have been formulated above, as common questions of law. 4. The State Electricity Boards used to exist, on the strength of their for mation, in terms of the provisions of Section 5(1) of the 1910 Act. It is, there fore, not in dispute that a Board, as defined in Section 2(7) of the 2003 Act, n ow, means a State Electricity Board constituted under the provisions of Section 5(1) of the 1910 Act. 5. There is no dispute that 2003 Act has come into force w.e.f. 10-06-2003, which is the appointed day within the meaning of Section 2(2) of the 2003 Act. There is also no dispute that with the coming into force of the 2003 Act on the date aforementioned, 1910 Act stood repealed under the provisions of Section 185 of the 2003 Act except to the extent as Section 185, otherwise, provides. 6. I may, now, turn to Section 185, which embodies the provisions with rega rd to repeal and saving. This Section reads as under: 185. Repeal and saving.-(l) Save as otherwise provided in this Act, the Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (54 of 194 8) and the Electricity Regulatory Commissions Act, 1998 (14 of 1998) are hereby repealed. (2) Notwithstanding such repeal,- (a) anything done or any action taken or purported to have been done or taken in cluding any rule, notification, inspection, order or notice made or issued or an y appointment, confirmation or declaration made or any licence, permission, auth orisation or exemption granted or any document or instrument executed or any dir ection given under the repealed laws shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) the provisions contained in sections 12 to 18 of the Indian Electricity Act, 1910 (9 of 1910) and rules made thereunder shall have effect until the rules un der sections 67 to 69 of this Act are made; (c) the Indian Electricity Rules, 1956 made under section 37 of the Indian Elect ricity Act, 1910 (9 of 1910) as it stood before such repeal shall continue to be in force till the regulations under section 53 of this Act are made. (d) all rules made under sub-section (1) of section 69 of the Electricity (Suppl y) Act, 1948 (54 of 1948) shall continue to have effect until such rules are res cinded or modified, as the case may be; (e) all directives issued, before the commencement of this Act, by a State Gover nment under the enactments specified in the Schedule shall continue to apply for the period for which such directions were issued by the State Government. (3) The provisions of the enactments specified in the Schedule, not inconsistent with the provisions of this Act, shall apply to the States in which such enactm ents are applicable. (4) The Central Government may, as and when considered necessary, by notificatio n, amend the Schedule. (5) Save as otherwise provided in sub-section (2), the mention of particular mat ters in that section, shall not be held to prejudice or affect the general appli cation of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard t o the effect of repeals. 7. In order to correctly interpret the provisions of Section 185, it is nec essary that the provisions of Sections 173, 174 and 175 too be kept in view. The se provisions are, therefore, quoted below: 173. Inconsistency in laws.-Nothing contained in this Act or any rule or regula tion made thereunder or any instrument having effect by virtue of this Act, rule or regulation shall have effect in so far as it is inconsistent with any other provisions of the Consumer Protection Act, 1986 (68 of 1986) or the Atomic Energ y Act, 1962 (33 of 1962) or the Railways Act, 1989 (24 of 1989). 174. Act to have overriding effect.-Save as otherwise provided in section 173, t he provisions of this Act shall have effect notwithstanding anything inconsisten t therewith contained in any other law for the time being in force or in any ins trument having effect by virtue of any law other than this Act. 175. Provisions of this Act to be in addition to and not in derogation of other laws.- The provisions of this Act are in addition to and not in derogation of an y other law for the time being in force. 8. A conjoint reading of the provisions of Sections 173 to 175 clearly indi cates that if there is any inconsistency between the provisions of the 2003 Act, on the one hand, and the Consumer Protection Act, 1986, or Atomic Energy Act, 1 962, or the Railways Act, 1989, on the other, the provisions of the 2003 Act wil l not prevail over the Consumer Protection Act, 1986, Atomic Energy Act, 1962, o r the Railways Act, 1989. Except, however, the provisions of the Consumer Protec tion Act, 1986, Atomic Energy Act, 1962, or the Railways Act, 1989, as indicated hereinbefore, Section 173 shows that the provisions of 2003 Act shall have over riding effect over all other laws, though while having such overriding effect, t he provisions of the 2003 Act shall be read in addition to, and not in derogatio n of, any other law for the time being in force. 9. Thus, when Sections 173, 174 and 175 are read together, there remains no room for doubt that so far as, at least, the 1910 Act is concerned, the provisi ons contained therein will not override the provisions of the 2003 Act except to the extent as Section 185 may have itself saved. 10. A careful reading of Section 185(a) shows that notwithstanding the repea l of the 1910 Act, Clause (a) of Section 185 protects if anything has already be en done or purported to be done, or any action has already been taken or purport ed to be taken under the 1948 Act. In order to protect the acts done or purport ed to be done, or any action taken or purported to be taken, Clause (a) lays dow n that such acts done or purported to be done, or such action taken or purported to be taken, under the repealed laws, shall be deemed to have been done under t he provisions of 2003 Act provided that such act or action is not inconsistent w ith the provisions of 2003 Act. As far as clauses (b), (c), (d) and (e) are conc erned, we are not concerned with them in the present set of writ petitions. 11. What, therefore, clause (a) of Section 185 makes clear is that this Clau se cannot be taken resort to for the purpose of taking any action under the repe aled law if no action has already been taken or purported to be taken under the repealed laws (i.e., under the 1910 Act) before the 2003 Act had come into force . In short, if anything has already been done or purported to be done or any act ion has already been taken or purported to be taken under the 1910 Act, such act s or actions will remain protected, notwithstanding the repeal of the 1948 Act; but if no such act had already been done or purported to be done or if no such a ction had already been taken or purported to be taken before the 2003 Act came into force, then, recourse to the repealed provisions of the 1948 Act cannot be had for the purpose of doing any thing or