Ranjita Roul vs ) The C.E.O Tata Power ..... Opposite ...
2025 Latest Caselaw 7501 Ori

Orissa High Court

Ranjita Roul vs ) The C.E.O Tata Power ..... Opposite ... on 24 April, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) No.10586 of 2025
            Ranjita Roul                 .....        Petitioner
                                                                  Represented By Adv. -
                                                                  Shashibhusan Biswal

                                               -versus-
            1) The C.e.o Tata Power                       .....         Opposite Parties
            Western Odisha Distribution Ltd
            (tpwodl) Sambalpur
            2) Superintending Engineer, Electrical,                 Represented By Adv. -
            Sambalpur
            3) Executive Engineer Electrical,
            Tpwodl
                                   CORAM:
                     THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                 MOHAPATRA
                                    ORDER

24.04.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the Writ Petition as well as the documents annexed thereto.

3. The Petitioner has filed the present Writ Petition with the following prayer :

" It is therefore prayed that this Hon'ble Court may graciously be pleased to issue notice to the Opp. Parties calling upon them to file show cause as to why the overhead high voltage 11 K.V. line shall not be shifted/removed from the residential plot of the Petitioner and after hearing the parties this Hon'ble Court be pleased to direct the Opp.Parteis to remove the 11 KV overhead line passes over the land of the Petitioner within a date to be fixed by this Hon'ble Court.

AND further be pleased to issue any other appropriate writ/writs, Rule/Rules or order/orders,

direction/directions as may be deemed fit and proper in the interest of justice."

3. On careful scrutiny of the grievance involved in the present Writ Petition is with regard to removal of 11 KV/22 KV electric main wires passing over the residential house of the Petitioner, the Petitioner has approached this Court by filing the present Writ Petition. The issue involved in the present Writ Petition has already been adjudicated by a Division bench of this Court in the case of Executive Engineer, TPCODL v. Sobhagini Patra in W.P.(C) No.21035 of 2021. In the aforesaid judgment, the Hon'ble Division Bench has categorically held that the dispute in the present case can be adjudicated by the Collector under Rule- 3 of Work of Licencee Rule 2006.

4. In view of the aforesaid legal position, the present Writ Petition is being disposed of by granting liberty to the Petitioner to approach the concerned Collector along with a copy of the judgment referred to hereinabove, within two weeks from today. In such eventuality, the concerned Collector shall consider the grievance of the Petitioner in the light of the judgment of Sobhagini Patra (supra) within eight weeks from the date of communication of this order.

5. With the aforesaid observation/direction the Writ Petition is disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 25-Apr-2025 16:32:25