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2025 DAILYLAW 23666 (ORI)

SATYABRATA JENA v. STATE OF ODISHA

WP(C)/8544/2025 · 2025-03-25

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8544 of 2025 Satyabrata Jena ..... Petitioner Represented By Adv. – Mr. Prabodha Chandra Nayak -versus- 1) State Of Odisha, represented through Principal Secretary, Department of Energy, Government of Odisha, Bhubaneswar. ..... Opposite Parties 2) Collector and Dist. Magistrate, Khordha 3) The Executive Engineer, Bhubaneswar City Distribution Division-II, Bhubaneswar. 4) The Junior Engineer, TPCODL, Jagamara, Khandagiri, Bhubaneswar. 5) The Odisha Electricity Regulatory Commission, Bhubaneswar. Represented By Adv. – Mr. L.K. Moharana, Advocate for the TPCODL. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 25.03.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer:- “The Petitioner, therefore, prays that your Lordships would be graciously pleased to admit Page 2 of 3. this Writ Petition, may be graciously pleased to issue Rule NISI, in the nature of any appropriate writ/writs and/or any other writ/writs and/or order/orders and/or direction/directions calling upon the Opp. Parties to; 1. Issue a writ of mandamus or any other appropriate writ directing the Respondents, particularly Respondent No. 2 (District Magistrate), and 3(The Executive Engineer) to take necessary steps for the immediate removal and relocation of the electric pole and transmission wires from the Petitioner's premises i.e. Plot No. 262/2862, Khata No.230/2537, Mouza- Aiginia, Bhubaneswar to the adjacent public road. 2. Direct the District Magistrate, Khurda (Respondent No. 2), to conduct an inquiry of the representation filed by the petitioner Vide Annexure-4, under Rule 3 of the Works of Licensee Rules, 2006, and pass appropriate orders for shifting the infrastructure from the Petitioner's land. Any other order/ orders as may deem fit and proper to this Hon'ble Court.” 4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner has filed a representation before the Collector & District Magistrate, Khordha, Opposite Party No.2 under Annexure-4. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-4 within a stipulated period of time. 5. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of Page 3 of 3. admission with a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-4 as expeditiously as possible preferably within a period of six weeks from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the representation of the Petitioner under Annexure-4 by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.2 be also communicated to the Petitioner within two weeks thereafter. Further, liberty is given to the Petitioner to move an interim application along with a copy of this order for appropriate interim order within a week from today. In such eventuality, the Opposite Party No.2 shall do well to consider and dispose of the interim application after providing opportunity of hearing to the parties. It is also directed that the parties shall cooperate with the Collector & District Magistrate, Khordha, Opposite Party no.2 for early disposal of the grievance of the Petitioner. 7. With the aforesaid observation, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Debasis ( A.K. Mohapatra ) Judge Designation: SECRETARY