Allowed

Maheswar Sahoo v. Executive Engineer,Cecu,Nimapada

Orissa HC4 Aug 2021WP(C)/21769/2017

Case brief

AI extract

What is this about?

This writ petition challenges a letter imposing a condition to clear arrear dues against a different plot owned by the Petitioner's father. The Court set aside the condition, holding it cannot be imposed on the Petitioner for supply to his own land.

What did the court decide?

The impugned letter imposing the condition to clear Rs.40,190/- arrear is set aside; power supply to be given within 15 days.

Maheswar Sahoo Vs Executive Engineer,Cecu,Nimapada — Consumer Protection | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C ) No. 21769 OF 2017

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Maheswar Sahoo

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…. Petitioner

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Mr. Bibhuti Bhusan Panda, Advocate

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-versus-

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Executive Engineer, CESU, Nimapada & others

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…. Opp. Parties

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Mr. Amitosh Sikdar, Advocate (For Opposite Party Nos. 1 to 3)

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.08.2021

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition seeks to assail the letter dated 19.06.2017 (Annexure -14) issued by Opposite Party No.2, particularly imposition of a condition to give power supply to the effect that “Arrear of Rs.40,190/- pending against existing premises shall be cleared by you .”

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Mr. Panda, learned counsel submits that the Petitioner is ready and willing to abide by other terms and conditions imposed in the said letter and observe the formalities for supply of electricity to his premises to run his Chuda (pressed rice) Mill. The Petitioner being an unemployed youth intended to establish a Chuda Mill in his recorded land, i.e., Plot No. 4256 under Khata No.141 of mouza- Pratap Sasan in the district of Khordha. Since his request was not paid any heed, the Petitioner filed complaint under Section 42(5) of the Electricity Act, 2003, which was registered as CC Case No.132 of 2017. The

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Grievance Redressal Forum (GRF) disposed of the complaint of the Petitioner with a direction to provide power supply to Petitioner’s Chuda Mill within a period of fifteen days after executing agreement and observing all the formalities. Since the Opposite Parties did not comply with the said direction, the Petitioner had to move the Ombudsman in Consumer Representation Case No. OM (I)-110 of 2017.

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3.1 Upon hearing learned counsel for the parties, the Ombudsman disposed of the case vide judgment and award dated 15^th September, 2017 with the following direction:

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“ORDER / AWARD

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The complaint petition is partly allowed. The Petitioner is directed to complete the LT extension works from the 250KVA Sub-Station to his premises being supervised by the Opposite Party and submit the completion report to the Opposite Party.

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The Opposite Parties are directed to extend the new power supply to the Petitioner after verifying the land records preferably in consultation with the revenue Authorities as per the observation above within 15 days after intimation of completion of the LT extension works by the Petitioner.

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The case is disposed of accordingly.”

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While adjudicating the matter, the Ombudsman recorded categorical finding that arrear pending against Sri Bhagaban Sahoo, the Proprietor of M/s Sidheswar Saw Mill, who happens to be the father of the Petitioner, cannot be recovered from the Petitioner as the premises of M/s Sidheswar Saw Mill situates over Plot No.4254 under Khata No.223 in mouza Pratap Sasan being recorded in the name of Sri Bhagaban Sahoo. As such, it does not have any link with the land of the Petitioner in Plot No. 4256 in Khata No. 141 of the said mouza over which he wants

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to set up the Chuda Mill. Hence, it is held that the arrear to the tune of Rs.40,190/- in respect of Plot No.4254 cannot be linked with Plot No.4256.

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Mr. Panda, learned counsel for the Petitioner submits that in spite of the above, the authorities issued the impugned letter under Annexure-14 imposing a condition to clear up the arrear bills to the tune of Rs.40,190/- pending against said Bhagaban Sahoo. This writ petition has been filed assailing the said condition only. It is further submitted that the Petitioner does not have any objection to comply with other terms and conditions spelt out in Annexure-14 and he is ready and willing to comply with the same for supply of power to his premises in Plot No.4256.

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Mr. Sikdar, learned counsel for Opposite Parties, on the other hand, submits that since the arrear is outstanding against the existing premises there is no infirmity in imposing such condition while issuing letter under Annexure-14.

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5.1 Referring to averments made in the counter affidavit filed by Opposite Parties, it is submitted that if the Petitioner complies with the terms and conditions as enumerated in Annexure-14 in its letter and spirit, there would be no difficulty to extend power supply to the premises situated in Plot No.4256 for establishment of Chuda Mill by the Petitioner. It is further submitted that the Petitioner has also to comply with all other formalities for extending power supply to the aforesaid plot.

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Taking into consideration the rival contentions of the parties and on perusal of the record, it reveals that the

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Ombudsman while adjudicating the complaint filed by Sri Maheswar Sahoo, son of Bhagaban Sahoo, has categorically held that there was an outstanding arrear bill against Plot No.4254 recorded in the name of Bhagaban Sahoo, who had established Saw Mill, in the name and style ‘ M/s Sidheswar Saw Mill ’ thereon. The Petitioner intends to get power supply to his Chuda Mill intended to be established over Plot No.4256 standing in his name. Thus, the condition imposed to clear up the arrear dues in respect of Plot No. 4254 indicated in Clause No.2 under the heading ‘ According to our Terms and Conditions ’ of Annexure-14, cannot be imposed upon the Petitioner. As such, letter under Annexure-14 to that extent is set aside. The authority cannot claim arrear of Rs.40,190/- from the Petitioner as a condition precedent for power supply to Plot No.4256 standing in the name of the Petitioner.

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Accordingly, the writ petition succeeds. Power supply to the premises of the Petitioner over Plot No.4256 under Khata No.141 in Mouza Pratap Sasan in the district of Khordha shall be given within a period of fifteen days from the date of compliance of all other conditions except Clause No.2 as enumerated in impugned letter under Annexure-14 as well as observing other formalities in accordance with law.

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Urgent certified copy of this order be granted on proper application.

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s.s.satapathy

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(K.R.Mohapatra) Judge

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Maheswar Sahoo v. Executive Engineer,Cecu,Nimapada

Case brief

What is this about?

What did the court decide?

Maheswar Sahoo v. Executive Engineer,Cecu,Nimapada

Case brief

What is this about?

What did the court decide?

What the court decided

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