Disposed¶27

Bikash Ranjan Samal v. State of Odisha

Orissa HC13 Mar 2024WP(C)/5353/2024

Case brief

AI extract

What is this about?

Odisha High Court writ petition disposed 13.03.2024; W.P.(C) No.5353 of 2024; Bikash Ranjan Samal v. State of Odisha; TPCODL; Sub-Divisional Officer (Electrical), Badachana, Jajpur; letter dated 24.11.2023 Lr. No.5389; final assessment Rs.5,53,381/-; notice order dated 27.7.2023; power supply disconnection; Section 127 Electricity Act 2003; appeal to Appellate Authority; interim relief; Justice K.R. Mohapatra.

What did the court decide?

No substantive relief granted; writ petition disposed of with an observation directing the petitioner, if so advised, to file an appeal under Section 127 of the Act assailing the final assessment order and to pray for interim relief before the Appellate Authority. Urgent certified copy on proper application. ¶27

Bikash Ranjan Samal Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the writ petition, which incidentally challenges the final assessment order dated 24.11.2023 (Lr. No.5389) issued by Opposite Party No.3 demanding Rs.5,53,381/- together with the notice dated 27.7.2023, should be entertained, or whether the petitioner should assail the final assessment order through an appeal under Section 127 of the Electricity Act, 2003. +1 more

¶26

Court's answer

The Court disposed of the writ petition with the observation that the petitioner, if so advised, may file an appeal under Section 127 of the Act following due procedure of law assailing the final assessment order.

¶27

Ratio / Principle

Interim relief concerning the matter (including the disconnected supply) is to be prayed for before the Appellate Authority; the Court itself neither restored the supply nor directed restoration.

¶27

Detailed headnote1 paragraphs

Bikash Ranjan Samal v. State of Odisha and others (W.P.(C) No.5353 of 2024, High Court of Orissa at Cuttack, decided 13.03.2024, Justice K.R. Mohapatra): The petitioner incidentally challenged the letter dated 24.11.2023 (Lr. No.5389) issued by the Sub-Divisional Officer (Electrical), TPCODL, Badachana, Jajpur (Opposite Party No.3) demanding payment of a final assessment amount of Rs.5,53,381/-, along with the notice order dated 27.7.2023; power supply to his premises had been disconnected for non-payment. Counsel for TPCODL submitted that such a challenge should be pursued by appeal under Section 127 of the Electricity Act, 2003. Adopting that course, the Court disposed of the writ petition on 13.03.2024 with an observation that the petitioner, if so advised, may file an appeal under Section 127 of the Act, following due procedure of law, assailing the final assessment order, and may pray for interim relief before the Appellate Authority. Urgent certified copy to be granted on proper application.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) NO. 5353 OF 2024

¶3

Bikash Ranjan Samal …. Petitioner

¶4

Mr. Ranjan Kumar Nayak, Advocate -versus-

¶5

State of Odisha and others

¶6

…. Opp. Parties

¶7

Mr. Lalit Kumar Moharana, Advocate (For TPCODL)

¶8

CORAM:

¶9

JUSTICE K.R. MOHAPATRA

Order No.

ORDER 13.03.2024

This matter is taken up through hybrid mode.

¶14

The Petitioner in this writ petition prays for the following relief:

¶15

“It is therefore prayed that this Hon’ble Court may graciously be pleased :

¶16

(i) To admit this writ petition; (ii) To quash the order passed on 24.11.2023 vide Lr. No.5389 issued by the Opposite Party No.3 and also quash the Notice order dtd. 27.7.2023 issued by the Opposite Party No.3;

¶17

(iii) To direct the Opposite Party No.2 to make an proper enquiry against the matter and take proper action against the Petitioner;

¶18

(iv) To direct the Opposite Party No.2 to restore the electric line to the house of the Petitioner immediately and settle the matter properly;

¶19

(v) To direct the Opposite Party No.3 not to proceed further against the Petitioner and settle the matter properly;

¶20

And for which act of kindness the Petitioner

¶21

shall as in duty bound ever pray.”

¶22

On perusal of the writ petition, it appears that the Petitioner incidentally challenges the letter dated 24^th November,

¶23

Page 1 of 2

¶24

// 2 //

¶25

2023 issued by the Sub-Divisional Officer (Electrical), TPCODL, Badachana, Jajpur to pay final assessment amount of Rs.5,53,381/-. It further appears that due to non-payment of the said amount, power supply to the premises of the Petitioner has been disconnected.

¶26

Mr. Moharana, learned counsel for TPCODL submits that although a copy of the writ petition is not served on him, but the submission of learned counsel for the Petitioner reveals that he incidentally challenges the final assessment order and disconnection of power supply. In that event, the Petitioner should file an appeal under Section 127 of the Electricity Act, 2003 (for short ‘the Act’).

¶27

Accordingly, this writ petition is disposed of with an observation that the Petitioner, if so advised, may file an appeal under Section 127 of the Act following due procedure of law assailing the final assessment order and pray for interim relief before the Appellate Authority.

¶28

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

¶29

bks

¶30

(K.R. Mohapatra) Judge

¶31

Signature Not Verified

¶32

Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Odisha, Cutta ck Date: 13-Mar-2024 19:01:20

¶33

Page 2 of 2

Bikash Ranjan Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bikash Ranjan Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Baku Bibi Vs Md.Mujuba Khan

Kailash Malik Vs Muralidhara Mallik

Kanaklata Barik Vs C.E.Oi.,Nesco.

Manasmita Palai Vs Bharat Petroleum Cor

Swarna Kalo Vs State Bank of India

Abani Ku.Mohanty Vs Manmath Ku.Behera