Jayanti Malla And Others vs Ceo
2021 Latest Caselaw 12245 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.A. No.8 of 2012


            Jayanti Malla and Others                  ....           Appellants
                                                     Mr. D.C. Swain, Advocate
                                          -versus-
            CEO, CESU and Others                      ....        Respondents
                                              Mr. Bibhudhendra Das, Advocate

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE B.P. ROUTRAY


                                        ORDER

Order No. 29.11.2021

02. 1. The present appeal has been filed against the order dated 9th November, 2011 of the learned Single Judge disposing of W.P.(C) No.20186 of 2009.

2. The legal representatives of the Petitioner had filed the above writ petition claiming compensation arising out of the death of husband of the Petitioner due to electrocution on 23rd September, 2009. It is stated that while he was going to his cultivated land for cutting crops, he touched the low hanging 11 KV naked electric conductor and died on the spot.

3. Following the judgment of the Supreme Court in Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) v. Sukamani Das (1999) 7 SCC 298 and the judgment of this Court in Sashirekha Nayak v. Chief Executive Officer/Executive Director, NESCO (Electrical), Balasore 110 (2010) CLT 210, the learned Single Judge has disposed of the writ petition with the following directions:

"6. In view of the aforesaid discussion, this Court comes to the conclusion that the petitioners should approached the Civil Court for redressal of the grievances. On such an event, the Civil Judge (Sr. Division), in whose Court the case is to be filed, shall do the needful to expeditiously dispose it of preferably within a period of six months from the date of filing of the same. In the meantime, the opposite parties are directed to deposit a sum of Rs.1,00,000.00 (Rupees one lakh only) with the Registrar (Judicial) of the Court within a month of passing of this order. The said amount shall be released in favour of the petitioners on their production of Legal Heir Certificate to show that they are the only legal heirs of the deceased. Such amount shall be adjusted towards the final compensation to be determined by the Civil Court.

The writ petition is accordingly disposed of. No. costs".

4. Having heard learned counsel for the parties, the Court is not persuaded that the above order of the learned Single Judge suffers from any legal infirmity.

5. The writ appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge S.K. Jena/P.A.