Orissa High Court
M/S.Santuka Foods Pvt. Ltd vs State Of Odisha & Ors on 17 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) NO.8537 OF 2013
M/s.Santuka Foods Pvt. Ltd. .... Petitioner
Mr.B.Jena, Adv.
-versus-
State of Odisha & ors. .... Opposite Parties
Mr.S.C.Dash, Adv.
CORAM:
JUSTICE BISWANATH RATH
JUSTICE M.S.SAHOO
ORDER
Order 17.5.2023
No.
8. 1. Heard learned counsel for the Parties.
2. The Writ Petition involves the following prayer :-
<It is, therefore, prayed that in the facts and
circumstances stated above and in the interest of justice,
this Hon'ble Court may be graciously pleased ;
(i) to hold that the notification No.398-R & R-
100/2012 dated 11.01.2013 in Annexure-6 is ultra
vires the Electricity Act, 2003 and as such invalid
and inoperative in law;
(ii) issue appropriate writ(s)/direction(s) quashing the
notification No.398-R & R-100/2012 dated
11.01.2013 in Annexure-6.
(iii) to quash the provisional assessment order made
by the Opposite Party No.5, vide Annexure-4
series.
Grant such other relief(s)/issue such other
direction(s) as this Hon'ble Court may deem fit in the
interest of justice.
And, for this act of kindness the petitioner shall as
in duty bound ever pray.=
// 2 //
3. In course of hearing, it has been brought to the notice of this
Court that on the same point, there has been already adjudication of
the issue involved herein by the Single Bench of this Court, vide
M/s.Global Feeds Feedback Energy Distribution Company Pvt.
Ltd. (FEDCO) & anr. Vrs. Commissioner-cum-Secretary, Govt. of
Odisha, Energy Deptt. & ors. : 2018 SCC Online Ori. 405 taken up
along with CONTC No.1185 of 2018, further the said decision being
challenged in Writ Appeal Nos.28/2019 and 509/2018, the Division
Bench confirmed the Single Bench order by its judgment dated
17.5.2019 reported in AIR 2019 Orissa 119.
4. For there is no dispute in the decision on the issue involved
herein through the above decisions, the case at hand is also decided
in terms of the decision in M/s.Global Feeds Feedback Energy
Distribution Company Pvt. Ltd. (supra) and being confirmed by
Writ Appeal Nos. 28/2019 and 509/2018, the same shall be governed
ultimately by the decision recorded herein. Contesting O.Ps. are
directed to work out the claim of the Petitioner in terms of the
direction at Paragraph-96 of the decision in M/s.Global Feeds
Feedback Energy Distribution Company Pvt. Ltd. (supra) by
working it out within three months of receipt of the copy of this
order along with copy of the decisions indicated herein above.
// 3 //
5. The Writ Petition stands disposed of in the above terms.
(Biswanath Rath)
Judge
(M.S.Sahoo)
Judge
M.K.Rout
Signature Not Verified
Digitally Signed
Signed by: MANOJ KUMAR ROUT
Designation: Astt.Registrar-cum-Sr.Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 18-May-2023 18:24:34
