Rajendra Kumar Dash Vs Chief Executive, Tata Power Western Odisha Distribution Ltd, Sambalpur — Orissa HC (2025) — LawSathi Research

Rajendra Kumar Dash Vs Chief Executive, Tata Power Western Odisha Distribution Ltd, Sambalpur — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions: (i) Petitioner to file an appeal within two weeks before the appellate authority with all grounds and supporting documents; (ii) appellate authority to consider the appeal in accordance with law and pass a speaking and reasoned order; (iii) amount already deposited (Rs.20,000/-) to be adjusted towards the current bill likely to be made; (iv) interim order dated 03.03.2025 to continue till consideration of the interim application to be filed with the appeal memo.

Issue for consideration

Whether the provisional assessment order (Annexure-5) and the disconnection notice (Annexure-6) served on the Petitioner should be quashed. +2 more

Court's answer

The appellate authority shall consider the appeal in accordance with law by passing a speaking and reasoned order.

Ratio / Principle

Taking into account that the order assailed in the Writ Petition is appealable, the Court disposed of the Writ Petition by directing the Petitioner to file an appeal within two weeks before the appellate authority, taking therein all grounds and all supporting documents.

Key takeaways

The amount already deposited by the Petitioner shall be adjusted towards the current bill which is likely to be made.ratio¶25
The interim order dated 03.03.2025 shall continue till consideration of an interim application, which the Petitioner will file before the appellate authority along with the appeal memo.ratio¶25

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J.), 10.04.2025 — WP(C) No.6016 of 2025, Rajendra Kumar Dash v. Chief Executive, TPWODL, Sambalpur and others. The Petitioner sought quashing of the provisional assessment order (Annexure-5) and the disconnection notice (Annexure-6) issued by TPWODL, objecting that the notice was not issued in conformity with Rule 184 of the OERC Code. The Opposite Parties argued that the assailed order is appealable under section 126 of the Electricity Act and the Writ Petition is not maintainable. Observing that the order assailed is an appealable one, the Court disposed of the Writ Petition by directing the Petitioner to file an appeal within two weeks before the appellate authority with all grounds and supporting documents; directed that the appellate authority consider the appeal in accordance with law and pass a speaking and reasoned order; directed that the Rs.20,000/- already deposited stand adjusted towards the current bill likely to be made; and continued the interim order dated 03.03.2025 till consideration of the interim application to be filed with the appeal memo.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.6016 of 2025

Rajendra Kumar Dash

.....

Petitioner

Represented By Adv. - Susanta Kumar Mishra

-versus-

1) Chief Executive, Tata Power Western Odisha Distribution Ltd, Sambalpur

Executive Engineer (elect.) , Tpwodl, Bargarh Electrical Div.

S.d.o.,bheden, Tpwodl

..... Opposite Parties

Represented By Adv. – Mr.Prasanta Kumar Tripathy.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

10.04.2025

Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as the learned counsel for the Opposite Parties-TPWODL. Perused the Writ Petition as well as the documents annexed thereto.

The present Writ Petition has been filed with a prayer to quash Annexure-5 series i.e. the provisional assessment order under Annexure-5 as well as notice under Annexure-6 for disconnection of electricity supply to the Petitioner’s premises. Learned counsel for the Petitioner at the outset raised objection

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with regard to the manner and mode in which the notice was issued to the Petitioner and the same was not in conformity with Rule 184 of the OERC Code. Further, he submitted that pursuant to the order dated 03.03.2025 the Petitioner has already deposited Rs.20,000/- and his electricity supply has not been disconnected in the meantime.

Learned counsel for the Opposite Parties on the other hand contended that the order challenged in the present Writ Petition is an appealable one under section 126 of the Electricity Act. In such view of the matter, learned counsel for the Opposite Parties submitted that the present Writ Petition is not maintainable and the Petitioner should have approached the appellate authority.

Having regard to the submissions made by the learned counsels for the respective parties, on a careful examination of the background facts of the present case and further keeping in view the fact that the order assailed in the present Writ Petition is an appealable one, the present Writ Petition is disposed of by directing the Petitioner to file an appeal within two weeks from today before the appellate authority taking therein all the grounds and all supporting documents. In such eventuality, the appellate authority shall consider the appeal in accordance with law by passing a speaking and reasoned order. It is further directed that the amount which has already been deposited by the Petitioner shall be adjusted towards the current bill which is likely to be made. Further, it is directed that the interim order dated 03.03.2025 shall continue till consideration of an interim application, which will be filed before the appellate authority by the Petitioner along with the appeal memo.

Page 2 of 3.

With the aforesaid observation/direction the Writ Petition stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra )

Judge

RKS

Signature Not Verified

Digitally Signed Page 3 of 3. Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 11-Apr-2025 14:34:38