Disposed¶32

Ashwini K.Panda v. Dy.Inspectorele

Electricity Act, 2003 – S.127 appeal – statutory deposit

Orissa HC18 Mar 2024WP(C)/15933/2012

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What is this about?

Orissa High Court, Cuttack; W.P.(C) No. 15933 of 2012; K.R. Mohapatra J.; order dated 18.03.2024; Electricity Act 2003 Section 127 appeal; statutory deposit for maintaining appeal; adjustment of Rs.50,000/- paid under provisional assessment order; balance Rs.13,113/- out of 50% of final assessment amount; writ disposed of as relief already granted vide order dated 18.09.2012 modifying order dated 12.09.2012; nothing remains to be adjudicated; none appeared for petitioner.

What did the court decide?

No fresh relief; the Court recorded that the relief claimed had already been granted vide order dated 18.09.2012 and disposed of the writ petition, with liberty for urgent certified copy on proper application. ¶32

Ashwini K.Panda Vs Dy.Inspectorele — Orissa HC (2024) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Mar-2024 19:02:10

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 15933 OF 2012

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Ashwini Kumar Panda

Petitioner

None

-versus-

Deputy Inspector (Electricity), Angul and others

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…. Opp. Parties

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

18.03.2024

1. This matter is taken up through hybrid mode.

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None appears for the Petitioner at the time of call.

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The Petitioner in this writ petition prays for a direction to the Opposite Parties to entertain the appeal intended to be filed under Section 127 of the Electricity Act, 2003 by accepting the balance amount of Rs.13,113/- out of the 50% of the final assessment amount.

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On perusal of the order sheet, it appears that the writ petition was disposed of vide order dated 12^th September, 2012

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with the following direction:

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“3. In view of the above, the writ petition is disposed of giving liberty to the petitioner to move a petition before the Assessing Authority along with the evidence in support of payment of Rs.50,000/- and the Assessing Authority is directed to dispose of the said petition of the petitioner within a period of two weeks from the date of filing of such petition. If it is found that he has paid Rs.50,000/- before passing of the final assessment order, the same shall be given effect to and revised demand notice be served on the petitioner thereafter.

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4. The petitioner is also at liberty to file an appeal challenging the final assessment order before the appellate authority. Liberty is also given to the petitioner

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Page 1 of 2

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// 2 //

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Mar-2024 19:02:10

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to file petition for any interim relief along with the appeal memo. If such an application is filed by the petitioner seeking interim relief, the appellate authority is directed to dispose of the same within a period of three days from the date of filing of such application.”

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Before the said order was signed, this Court felt the matter required further hearing. Hence, the matter was listed on 18^th September, 2012 and the following order was passed:

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“Heard learned counsel for the Petitioner, who submits that after passing of provisional assessment order, the petitioner has paid Rs.50,000/-. It is further submitted that under the Electricity Act, there is no provision to take into account the amount paid pursuant to provisional assessment order while determining the amount assessed in the final assessment order. therefore, liberty is given to the petitioner to move an application before the appellate authority stating therein the fact of payment of Rs.50,000/pursuant to the provisional assessment order and before passing of final assessment order for adjustment of said amount against statutory deposit required to be paid to maintain the appeal. If such petition is filed, the appellate authority is directed to take into consideration the above fact and pass appropriate order.

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To the extent indicated above, the earlier order dated 12.09.2012 is modified.”

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Since the relief claimed in this writ petition has already been granted vide order dated 18^th September, 2012, nothing remains to be adjudicated in this writ petition.

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Accordingly, the writ petition is disposed of.

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

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(K.R. Mohapatra) Judge

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Page 2 of 2

Ashwini K.Panda v. Dy.Inspectorele

Case brief

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Ashwini K.Panda v. Dy.Inspectorele

Case brief

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