Disposed

Ruchi Ice Cream Factory, Ganjam v. Executive Engineer (Tpsodl), Purushottampur Electrical Div.

Orissa HC20 Dec 2022WP(C)/32188/2022

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged a provisional assessment order, arguing it became void due to the failure to pass a final assessment after objection submission. The court disposed of the petition with an observation that any subsequent final order must be communicated promptly.

What did the court decide?

Disposed with an observation to communicate any final assessment order to the petitioner forthwith if passed.

Ruchi Ice Cream Factory, Ganjam Vs Executive Engineer… — Service and Employment | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO.32188 OF 2022 Ruchi Ice Cream Factory .... Petitioner

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Mr. Somadarsan Mohanty, Advocate

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-versus-

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Executive Engineer (TPSODL), …. Opp. Parties Purushottampur Electrical Division and others

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Mr. Pradipt Kumar Mohanty, Senior Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.12.2022

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition seeks to assail the order of provisional assessment dated 19^th August, 2022 (Annexure-1) passed by the Assessing Officer-cum-Executive Engineer, TPSODL, Purushottampur Electrical DivisionOpposite Party No.1.

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It is submitted by learned counsel for the Petitioner that upon receipt of the order of provisional assessment, the Petitioner-Unit has already submitted its objection as provided under Section 126(3) of the Electricity Act, 2003 (for short ‘the Act’) on 30^th September, 2022 as at Annexure-5. But no final assessment order has yet been passed even after a lapse of thirty days of receipt of the said objection. Hence, the order of provisional assessment passed has become null and void in view of Regulation 165 of the Odisha Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 2019.

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Page 1 of 2

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// 2 //

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Mr. Mohanty, learned Senior Advocate appearing for Opposite Parties-TPSODL submits that final assessment order has already been passed on a settlement between the parties and the Petitioner is aware of the same. Suppressing the said fact, the Petitioner has approached this Court in the present writ petition for the aforesaid relief. Hence, he prays for dismissal of the writ petition.

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In view of the rival contentions of the parties, this Court disposes of this writ petition with an observation that if any final assessment order has been passed in the meantime, the same shall be communicated to the Petitioner forthwith.

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Urgent certified copy of this order be granted on proper

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application. (K.R. Mohapatra) Judge

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bks

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Ruchi Ice Cream Factory, Ganjam v. Executive Engineer (Tpsodl), Purushottampur Electrical Div.

Case brief

What is this about?

What did the court decide?

Ruchi Ice Cream Factory, Ganjam v. Executive Engineer (Tpsodl), Purushottampur Electrical Div.

Case brief

What is this about?

What did the court decide?

What the court decided

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