Executive Engineer (Electrical) vs Sr. Divisional Electrical ...
2023 Latest Caselaw 4877 Ori

           ORISSA HIGH COURT : C U T T A C K
                       W.P.(C) NO.26079 OF 2020
                    An application under Articles 226 & 227 of
                         the Constitution of India.


Executive Engineer (Electrical),
TATA Power Central Odisha
Distribution Ltd., Cuttack                                      : Petitioner

                                  -Versus-

Sr. Divisional Electrical Engineer
(TRD), East Coast Railway,
Khurda                                                     : Opposite Party


      For Petitioner                      : Mr. D.Ray, Adv.


      For O.Ps.                           : Mr. J.Nayak, CGC

                                  JUDGMENT

CORAM :

JUSTICE BISWANATH RATH JUSTICE M.S.SAHOO

Date of Hearing & Judgment : 02.05.2023

1. This Writ Petition inter alia challenging the impugned order

dated 24.07.2020 passed by the G.R.F. in Case No. 304 of 2020

involves the following prayer:-

<It is therefore humbly prayed that this Hon'ble Court may me graciously be pleased to admit this writ application, issue

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notice to the opp. Party and upon hearing the parties to the dispute, set aside/quash the impugned order dated 24.07.2020 passed by the Grievance Redressal Forum, Cuttack in Case No. 304 of 2020.

And pass any other order(s), direction(s) as this Hon'ble Court may deems fit and proper.

And for this act of kindness, the petitioner shall as in duty bound ever pray.=

2. For the submissions and pleadings herein also in reference to

objection raised by the Petitioner-licensee before the G.R.F.

appears to be dispute brought before the G.R.F. Authority involved

barred by the limitation. It is alleged that in spite of raising

question of delay involved therein, the G.R.F. has not taken into

account the same and passed the order.

3. In the process of hearing, Mr. Ray, learned counsel for the

Petitioner-Licensee drawing attention of this Court to the

provisions in Odisha Electricity Regulatory Commission

Distribution (Conditions of Supply) Code, 2019 specifically taking

this Court to the provisions at pargarphs-152 and 157 therein

attempted to draw our attention that for the provision hereinabove

clearly applicable to the case at hand, the impugned order

remaining contrary to above legal provisions and it must go.

4. In his next attempt, Mr. Ray, learned counsel for the

Petitioner, taking this Court to the provision of the Odisha

Electricity Regulatory Commission Distribution (Conditions of

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Supply) Code, 2004 particularly the provision at Code-91 therein

also attempted to satisfy his contentions. Mr. Ray, learned counsel

for the Petitioner-Licensee for the above contentions prays this

Court for at least remanding the proceeding to the G.R.F. for taking

a decision first on limitation aspect and if proceeding remains

maintainable to proceed on merit.

5. This Court here going through the objection of the Licensee

finds even though the Licensee objected the dispute on the

premises of being barred by limitation however did not made

submission in the light of provisions taken help here and the case

presently is argued on new submissions.

6. However, learned counsel for the Petitioner makes his

submission on the basis of legal provisions, considering the above

and getting into the Code, 2019, this Court finds, this Code was

brought by way of Notification dated 27th August, 2019 whereas

the dispute involved before the G.R.F is undoubtedly a prior

dispute. For there is no specific provision holding the provisions of

earlier Code retained through the Code, 2019, this Court finds,

Code, 2019 has no application to the case at hand.

7. Similarly coming to the other grounds of challenge to the

Code-91 of Odisha Electricity Regulatory Commission Distribution

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(Conditions of Supply) Code, 2004, this Court finds, Code-91 reads

as follows:-

<Dispute/Erroneous Bill- In the event, of any dispute in the billed amount, the consumer may lodge a complaint before the designated officer/agency as determined by the Licensee and pay the average of last 6 months consumption or the billed amount whichever is less within due date pending settlement of the dispute. The licensee shall resolve the dispute or communicate its decision with reasons to the consumer within a maximum period of one month as per Regulation 92.=

Reading the aforesaid, this Court finds, there is no trace of

fixing limitation on the part of the complainant in bringing the

disputes involved herein.

8. This Court here on perusal of the impugned order finds,

there is no serious contest of the Licensee on limitation aspect.

Besides the G.R.F. consisted of technical experts who have gone

through the technical aspect and came to their observation. There is

absolutely no submission on merit exercise of G.R.F. and the only

submission made here appears to be seeking remand of matter only

to consider the limitation aspect.

9. In the circumstance and there is no support to the case of the

Petitioner through all the above legal provisions, the contentions

raised by the Petitioner hereby rejected. For the observation of the

G.R.F. on merit aspect and the observation of this Court through

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paragraph-8 herein above it appears, on both grounds Petitioner

fails in satisfying the Court on the points involved and in the result,

this Court finds, there is no scope in interfering with the impugned

order which is hereby confirmed.

10. The Writ Petition thus stands dismissed but in the

circumstance there is no order as to cost.

                                                (M.S.Sahoo)                                    (Biswanath Rath)
                                                  Judge                                            Judge




                                  Orissa High Court, Cuttack.
                                  The 02nd May, 2023//
                                  Utkalika Nayak, Junior Stenographer

UTKALIKA NAYAK Digitally signed by UTKALIKA NAYAK Date: 2023.05.04 16:48:08 +05'30'