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2025 DAILYLAW 532 (ORI)

BIBHUPRASAD PANDA v. STATE OF ODISHA

WP(C)/36262/2025 · 2026-01-08

Biraja Prasanna Satapathy

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. 36262 of 2025 Bibhuprasad Panda ..... Petitioner Mr. S.K. Bhanjadeo, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A. Tripathy, AGA Mr. L.K. Maharana, Advocate (TPCODL) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 08.01.2026 Order No. 03 1. This matter is taken up through hybrid mode. 2. Heard Mr. S.K. Bhanjadeo, learned counsel appearing for the Petitioner, Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the State-Opp. Parties and Mr. L.K. Maharana, learned counsel appearing for the TPCODL. 3. The present writ petition has been filed inter alia with the following prayer:- “On the aforesaid facts and circumstances it is therefore prayed that this Hon'ble Court may kindly direct to declare the action of the Opp. Parties completely illegal and unsustainable in the eye of law for the illegal imposition of fine amounting of Rs. 61,000/- against the petitioner vide Consumer Account No.-80011396803, as deemed just and proper. And further direct to the opposite parties to re-connect the electricity supply to the house of the petitioner bearing Khata No-764/107, Plot No-567/2355, Mouza-Taratua, Area- Page 2 of 3. Ac.0.0291 dec., Kisam- Gharabari, Tahasil- Khurda, Dist- Khurda vide Consumer Account No.-80011396803. And be pleased to pass any other appropriate order/orders as would deem fit and proper in the facts and circumstances of the case. And for this act of kindness the petitioner as in duty bound shall ever pray.” 4. It is contended that without issuing any notice whatsoever and basing on an illegal demand towards electricity dues to the tune of Rs.61,000/-, power supply to the Petitioner’s premises was disconnected. It is accordingly contended that necessary direction be issued to Opp. Party No. 2 to restore power supply to the Petitioner’s premises. 5. On instruction learned counsel appearing for the TPCODL contended that provisional assessment order so passed against the Petitioner on 29.11.2024 and in the said order Petitioner has required to pay a sum of Rs.61,156/-. It is further contended that Petitioner never filed any objection to such provisional assessment order and accordingly the provisional assessment was made final. On the face of such final assessment order being passed, when Petitioner never paid the dues so assessed, power supply was disconnected. It is accordingly contended that no illegality or irregularity can be found with the disconnection of the power supply to the Petitioner’s premises. 6. At this point of time learned counsel for the Petitioner contended that Petitioner is ready and willing to file his objection to the provisional assessment order within a period of two (2) weeks hence. Page 3 of 3. 6.1. It is also contended that Petitioner is ready and willing to pay a sum of Rs.15,000/- from out of the demand without prejudice to his claim and on such deposit of the amount, necessary direction be issued to Opp. Party No. 2 to restore power supply to the Petitioner’s premises. 7. Learned counsel appearing for the TPCODL has no serious objection to the course of action proposed by the learned counsel appearing for the Petitioner. 8. Having heard learned counsel appearing for the Parties and considering the submission made, this Court while disposing the writ petition, permits the Petitioner to file his objection to the provisional assessment order dtd.29.11.2024 on or before 22nd January, 2026. On filing of such objection, a fresh order will be passed by Opp. Party No. 2 in accordance with law, in which this Court expresses no opinion. 8.1. However, since power supply has already been disconnected and Petitioner is ready and willing to pay a sum of Rs.15,000/- without prejudice, this Court permits the Petitioner to deposit the aforesaid sum of Rs.15,000/- on or before 16th January, 2026. On such deposit of the amount Opp. Party No. 2 is directed to restore power supply to the Petitioner’s premises forthwith. It is however contended that the amount so deposited by the Petitioner shall be subject to final outcome of the assessment proceeding. 9. With the aforesaid observation and direction, the writ petition stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha