Orissa High Court
Maheswar Sahoo vs Executive Engineer on 4 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C ) No. 21769 OF 2017
Maheswar Sahoo .... Petitioner
Mr. Bibhuti Bhusan Panda, Advocate
-versus-
Executive Engineer, CESU, Nimapada .... Opp. Parties
& others
Mr. Amitosh Sikdar, Advocate
(For Opposite Party Nos. 1 to 3)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 04.08.2021
15. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the
letter dated 19.06.2017 (Annexure -14) issued by Opposite Party
No.2, particularly imposition of a condition to give power
supply to the effect that "Arrear of Rs.40,190/- pending against
existing premises shall be cleared by you."
3. Mr. Panda, learned counsel submits that the Petitioner is
ready and willing to abide by other terms and conditions
imposed in the said letter and observe the formalities for supply
of electricity to his premises to run his Chuda (pressed rice)
Mill. The Petitioner being an unemployed youth intended to
establish a Chuda Mill in his recorded land, i.e., Plot No. 4256
under Khata No.141 of mouza- Pratap Sasan in the district of
Khordha. Since his request was not paid any heed, the Petitioner
filed complaint under Section 42(5) of the Electricity Act, 2003,
which was registered as CC Case No.132 of 2017. The
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Grievance Redressal Forum (GRF) disposed of the complaint of
the Petitioner with a direction to provide power supply to
Petitioner's Chuda Mill within a period of fifteen days after
executing agreement and observing all the formalities. Since the
Opposite Parties did not comply with the said direction, the
Petitioner had to move the Ombudsman in Consumer
Representation Case No. OM (I)-110 of 2017.
3.1 Upon hearing learned counsel for the parties, the
Ombudsman disposed of the case vide judgment and award
dated 15th September, 2017 with the following direction:
"ORDER / AWARD
The complaint petition is partly allowed.
The Petitioner is directed to complete the LT
extension works from the 250KVA Sub-Station to
his premises being supervised by the Opposite Party
and submit the completion report to the Opposite
Party.
The Opposite Parties are directed to extend
the new power supply to the Petitioner after
verifying the land records preferably in consultation
with the revenue Authorities as per the observation
above within 15 days after intimation of completion
of the LT extension works by the Petitioner.
The case is disposed of accordingly."
While adjudicating the matter, the Ombudsman recorded
categorical finding that arrear pending against Sri Bhagaban
Sahoo, the Proprietor of M/s Sidheswar Saw Mill, who happens
to be the father of the Petitioner, cannot be recovered from the
Petitioner as the premises of M/s Sidheswar Saw Mill situates
over Plot No.4254 under Khata No.223 in mouza Pratap Sasan
being recorded in the name of Sri Bhagaban Sahoo. As such, it
does not have any link with the land of the Petitioner in Plot No.
4256 in Khata No. 141 of the said mouza over which he wants
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to set up the Chuda Mill. Hence, it is held that the arrear to the
tune of Rs.40,190/- in respect of Plot No.4254 cannot be linked
with Plot No.4256.
4. Mr. Panda, learned counsel for the Petitioner submits
that in spite of the above, the authorities issued the impugned
letter under Annexure-14 imposing a condition to clear up the
arrear bills to the tune of Rs.40,190/- pending against said
Bhagaban Sahoo. This writ petition has been filed assailing the
said condition only. It is further submitted that the Petitioner
does not have any objection to comply with other terms and
conditions spelt out in Annexure-14 and he is ready and willing
to comply with the same for supply of power to his premises in
Plot No.4256.
5. Mr. Sikdar, learned counsel for Opposite Parties, on the
other hand, submits that since the arrear is outstanding against
the existing premises there is no infirmity in imposing such
condition while issuing letter under Annexure-14.
5.1 Referring to averments made in the counter affidavit
filed by Opposite Parties, it is submitted that if the Petitioner
complies with the terms and conditions as enumerated in
Annexure-14 in its letter and spirit, there would be no difficulty
to extend power supply to the premises situated in Plot No.4256
for establishment of Chuda Mill by the Petitioner. It is further
submitted that the Petitioner has also to comply with all other
formalities for extending power supply to the aforesaid plot.
6. Taking into consideration the rival contentions of the
parties and on perusal of the record, it reveals that the
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Ombudsman while adjudicating the complaint filed by Sri
Maheswar Sahoo, son of Bhagaban Sahoo, has categorically
held that there was an outstanding arrear bill against Plot
No.4254 recorded in the name of Bhagaban Sahoo, who had
established Saw Mill, in the name and style 'M/s Sidheswar Saw
Mill' thereon. The Petitioner intends to get power supply to his
Chuda Mill intended to be established over Plot No.4256
standing in his name. Thus, the condition imposed to clear up
the arrear dues in respect of Plot No. 4254 indicated in Clause
No.2 under the heading 'According to our Terms and
Conditions' of Annexure-14, cannot be imposed upon the
Petitioner. As such, letter under Annexure-14 to that extent is
set aside. The authority cannot claim arrear of Rs.40,190/- from
the Petitioner as a condition precedent for power supply to Plot
No.4256 standing in the name of the Petitioner.
7. Accordingly, the writ petition succeeds. Power supply to
the premises of the Petitioner over Plot No.4256 under Khata
No.141 in Mouza Pratap Sasan in the district of Khordha shall
be given within a period of fifteen days from the date of
compliance of all other conditions except Clause No.2 as
enumerated in impugned letter under Annexure-14 as well as
observing other formalities in accordance with law.
Urgent certified copy of this order be granted on proper
application.
s.s.satapathy (K.R.Mohapatra)
Judge
