ARUNDHATI VIHAR RESIDENTS WELFARE TRUST (AVRWT) ,KHURDA v. STATE OF ODISHA
WP(C)/7080/2026 · 2026-05-22
Biraja Prasanna Satapathy
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 17829 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17829 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos.7080 & 11385 of 2026
Arundhati Vihar Residents Welfare Trust (Avrwt) Khurda
….
Petitioner Mr. N. Lenka, Advocate
-versus-
State of Odisha & Ors.
….
Opposite Parties Mr. C.K. Pradhan, AGA Mr. L.K. Moharana, Adv. for TPCODL
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 22.05.2026
06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties in both the Writ Petitions.
3. W.P.(C) No.7080 of 2026 has been filed with a prayer not to permit further power connection from the transformer used by the members of the Petitioner’s Trust.
4. It is contended that since the transformer in question has been put up only to provide power supply to the members of the Petitioner’s trust and the p. 2p. 2 authorities of TPCODL are providing power supply to other persons from that transformer, the present Writ Petition has been filed challenging such action of the TPCODL.
5. Mr. A. Pattnaik, learned counsel appearing for the Petitioner in the connected Writ Petition on the other hand contended that even though on being moved, learned GRF has directed the authorities of TPCODL to provide power connection to the Petitioner from the transformer in question which is the subject matter of dispute in W.P.(C) No.7080 of 2026, but on the face of such direction being issued by the GRF, necessary power supply has not yet been provided.
5.1. It is accordingly contended that appropriate direction be issued to the Opposite Party-TPCODL to comply with the order passed by the GRF.
6. Mr. L.K. Moharana, learned counsel appearing for TPCODL in both the cases contended that grievance raised by the present Petitioner’s trust in W.P.(C) No.7080 of 2026 can very well adjudicated before the learned GRF in view of the provisions contained under Section-42(5) of the Electricity Act.
6.1. It is accordingly contended that Writ Petition is not maintainable. p. 3p. 3
6.2. However, it is fairly contended that because of the pendency of the Writ Petition in W.P.(C) No.7080 of 2026, Opposite Party-TPCODL is not in a position to comply with the order passed by the learned GRF, which is the subject matter of dispute in W.P.(C) No.11385 of 2026.
6.3. At this point of time, learned counsel appearing for the Petitioner in W.P.(C) No.7080 of 2026 contended that he may be contended to withdraw the Writ Petition with liberty to move the GRF in terms of the aforesaid provision for consideration of the grievance as made in the Writ Petition.
6.4. It is also contended that Petitioner trust be permitted to make an application for recalling of the
order passed in favour of the Petitioner in W.P.(C) No.11385 of 2026.
7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing both the Writ Petitions permits the Petitioner in W.P.(C) No.7080 of 2026 to move the learned GRF by filing an appropriate application with regard to the prayer as made in the Writ Petition. Petitioner in the said Writ Petition is also permitted to file appropriate application in the matter where the learned GRF has directed the authorities of TPCODL to p. 4p. 4 provide power supply to the Petitioner in W.P.(C) No.11385 of 2026.
7.1. It is observed that if any such application will be filed by the Petitioner’s trust with regard to the claim made in their Writ Petition and so also in the matter wherein learned GRF has passed some direction, learned GRF shall entertain both the applications and take a lawful decision by giving an opportunity of hearing to all concerned including the authorities of the TPCODL. Till the issue is decided, Opposite Party- TPCODL shall not provide any new connection from the transformer in question. Petitioner’s trust is permitted to move all such applications so permitted within a period of two(2) weeks hence. On filing of such application, concerned GRF shall take a lawful decision on the same within a period of four (4) weeks thereafter.
8. Accordingly, both the Writ Petition stands
disposed of.
9. Photocopy of the order be placed in other connected Writ Petition.
(Biraja Prasanna Satapathy)
Judge
Subrat