Sadasiva Panda Vs State of Odisha

rule NISI in the nature of writ of mandamus or any other writ/writs as deem fit and proper calling upon the Opposite Parties to show cause as to why they shall not be directed to divert the proposal for alignment of the 33 KV electric line, from Garapur to Indupur in the district of Kendrapara as per the proposal given by the Petitioner in his representation vide Annexure-4 and map vide Annexure-3/A and alternatively why the representation of the Petitioner vide Annexure-4 shall not be considered by the Opposite Parties.

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And further be pleased to pass any order/orders direction/directions as deem fit and proper.”

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Learned counsel for the Petitioner at the outset contended that being aggrieved by the drawal of 33 KV electric line over the residential house of the present Petitioner, the Petitioner has approached this Court for grant of relief as has been prayed in the present Writ Petition. He also contended that due to the drawal of the 33 KV electric line over the residential house of the Petitioner, the lives of the family members of Petitioner are at stake.

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Mr.L.K.Moharana, learned counsel for the Opposite Parties on the other hand submitted that the overhead 33 KV line was pre-existing and now the Distribution Company is changing the wires under CapEx scheme. Therefore, no new construction or drawal of electric line has been made. He further contended that such fact has also been admitted in the Writ Petition by the Petitioner. In course of his argument,

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Page 2 of 4.

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learned counsel for the Opposite Parties, further referring to the judgment of the Division Bench in the case of the Executive Engineer (Electrical), TPCODL v. Smt.Soubhagini Patra in W.P.(C) No.21035 of 2021 disposed of on 14.03.2023, contended that the Division Bench has categorically held that the GRF is the competent authority to decide the dispute of the present nature. The Division Bench in Paragraph-36 of the said judgment has categorically held that the District Magistrate or the Commissioner of Police, if he is so authorized to, is the competent to exercise their power and to grant necessary relief as has been sought for in the present Writ Petition by the Petitioner.

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Considering the submissions made by the learned counsels for the respective parties, further keeping in view the factual background of the present case and taking into consideration the judgment of the Division Bench in W.P.(C) No.21035 of 2021 , the Writ Petition is disposed of at the stage of admission by granting liberty to the Petitioner to file a detailed representation along with all supporting documents before the District Magistrate, Kendrapara-Opposite Party No.2 within a period of 10 days from today. In such eventuality the Opposite Party No.2 shall do well to consider and dispose of the application of the Petitioner within a period of six weeks by providing opportunity to all concerned parties and pass a reasoned and speaking order. Any decision so taken be communicated to the Petitioner within two weeks thereof.

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In the event the Petitioner moves an application for

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Page 3 of 4.

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passing any interim order before the District Magistrate, Kendrapara he shall consider the same in accordance with law as expeditiously as possible preferably within a period of eight weeks.

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With the aforesaid observation/direction, the writ application stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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RKS

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Signature Not Verified Page 4 of 4.

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 21-Feb-2025 15:58:02

Sadasiva Panda v. State of Odisha

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Sadasiva Panda v. State of Odisha

Case brief

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