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2025 DAILYLAW 40671 (ORI)

MADHAB CHANDRA APATA v. ODISHA ELECTRICITY REGULATORY COMMISSION, BBSR

WP(C)/16560/2025 · 2025-06-26

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.16560 of 2025 Madhab Chandra Apata ..... Petitioner Represented By Adv. - Ajit Kumar Sahoo -versus- 1) Odisha Electricity Regulatory Commission, Bbsr ..... Opposite Parties 2) The Sdo-electrical Cum Assessing Officer, Tpcodl, Electrical Sub- div.,bellaguntha 3) Ceo, Tpcodl, Berhampur 4) Executive Engineer, Elect.,tpcodl, Bhanjanagar Represented By Adv. – Mr.P.K.Tripathy. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 26.06.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as Mr.P.K.Tripathy, learned counsel for TPSODL. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “Under the aforesaid facts and circumstances of the case, it is ther4efore humbly prayed that this Hon’ble Court be graciously pleased to admit the Writ Petition, issue notice to the Opp.Party and after providing an opportunity of being heard to the dispute to quash the Final Assessment Order dated Page 2 of 3. 05.05.2025 vide Annexure-5, passed by the Opp.Party no.4 violating the provisions of law as enumerated under Electricity Act, 2003 & OERC Code, 2019 in the interest of justice and equity. And may pass any other order(s)/direction(s) as this Hon’ble Court may be deemed fit and proper in the interest of justice. 4. On perusal of the Writ Petition, it appears that the Petitioner being aggrieved by the final assessment order dated 05.05.2025 under Annexure-5, has approached this Court by filing the present Writ Petition. 5. Mr.Tripathy, learned counsel appearing for TPSODL at the outset contended that the order assailed in the present Writ Petition is an appealable order. In such view of the matter, it is contended by Mr.Tripathy that the Writ Petition is not maintainable. 6. On the other hand, learned counsel for the Petitioner contended that the Petitioner is a private School and the electricity has been disconnected. Unless the electricity is restored the same will cause difficulties to the Petitioner’ institution as well as the students. 7. Taking into consideration the submissions of the learned counsels for the respective parties, this Court grants liberty to the Petitioner to approach the Appellate Authority by filing an appeal within two weeks from today. In such eventuality, the appeal shall be considered by the Appellate Authority in accordance with law. It is also directed that in the event the Petitioner deposits 50% of the final assessment order, the electricity connection shall be restored immediately. However, Page 3 of 3. it is made clear that such deposit shall be subject to the further order to be passed by the appellate authority. 8. With the aforesaid observation/direction the Writ Petition stands disposed of. 9. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Designation: AR-CUM-Senior Secretary