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2026 DAILYLAW 6945 (ORI)

BHUJENDRA PRASAD MALLICK v. STATE OF ODISHA

WP(C)/11141/2026 · 2026-04-24

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 11141 of 2026 Bhujendra Prasad Mallick ..... Petitioner Mr. S.B. Mohanty, Adv. -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.P. Das, ASC Mr. L.K. Maharana, Advocate (TPNODL) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.04.2026 Order No. 02 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “It is therefore prayed that, this Hon'ble Court may graciously be pleased:- (I) To admit the Writ petition. (II)To quash the Provisional Assessment order dtd. 5.6.2025 as well as ex parte Final Assessment order dtd. 30.6.2025 issued by the Superintending Engineer (II) TPNODL, BNED, Bhadrak and also quash the Disconnection notice dtd. 9.3.202 executed on 14.3.2026 issued by S.D.O. (Electrical Section) TPNOPL. Basudevpur; (III)To direct the Electrical Inspector, Department of Energy, Govt. of Odisha (Appellate Authority to reassess the Final Assessment order dtd.30.6.2025 and he be Page 2 of 3. exempted from Civil and Criminal consequent and connection be restored in order to save the agriculture and pisciculture for the Rabi Season 2025-26; And may pass any other order(s)/direction(s) as deemed fit and proper in the interest of justice.” 4. It is contended that even though challenging the final assessment order, Petitioner moved the appellate authority, but the appellate authority in the meantime has sent back the appeal without entertaining the same. 5. On instruction, Mr. L.K. Maharana, learned counsel contended that since the appeal was not enclosed with the document showing deposit of the statutory 50% of the demand, the appellate authority might have returned the appeal without entertaining the same. 6. Mr. S.B. Mohanty, learned counsel appearing for the Petitioner at this point of time contended that Petitioner is ready and willing to deposit 50% of the amount, if Petitioner is allowed to deposit the same in two (2) instalments. 6.1. It is further contended that Petitioner for the present is ready and willing to deposit a sum of Rs.75,000/- from out of the demand of Rs.3,51,680/- on or before 1st May, 2026 and by making the residue deposit, to the extent of 50% of the demand amount by 22nd May, 2026 Petitioner will resubmit the appeal for its acceptance and consideration. It is further contended that on deposit of the 1st instalment by 01.05.2026, power supply be restored. 7. Considering the submission made, this Court while disposing of the Writ Petition, permits the Petitioner to deposit a sum of Page 3 of 3. Rs.75,000/- as undertaken by 1st May, 2026. Petitioner is further directed to deposit the residue balance amount for the purpose of filing of the appeal fulfilling the 50% statutory requirement, by 22nd May, 2026. With making of both the deposits, if the Petitioner resubmits the appeal, the appellate authority shall entertain the same without insisting on any delay and decide the issue on merit by giving the opportunity of hearing to all concerned. 7.1. Subject to deposit of the amount of Rs.75,000/- by 1st May, 2026, power supply be restored immediately and Petitioner is directed to pay the current dues as due and admissible without fail. 8. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Jyoti