Orissa High Court
Sadasiva Panda vs ) State Of Odisha ..... Opposite Parties on 20 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4124 of 2025
Sadasiva Panda ..... Petitioner
Represented By Adv. -
Niranjan Lenka
-versus-
1) State Of Odisha ..... Opposite Parties
2) Collector, Kendrapara. Represented By Adv. -
3) Tata Power Central Odisha L.k. Moharana (
Electricity Distribution Ltd., Bbsr. Tpcodl)
4) Superintending Engineer,tpcodl,
Kendrapara Division.
5) Executive Engineer, Tpcodl,
Kendrapara Division.
6) Junior Engineer, Tpcodl, Indupur
Sub Division.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.02.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
Mr.L.K.Moharana, learned counsel appearing for the Opposite
Parties.
3. The present Writ Petition has been filed with the following
prayer :
"It is therefore prayed that this Hon'ble Court be
graciously pleased to admit the writ petition, issue
rule NISI in the nature of writ of mandamus or any
other writ/writs as deem fit and proper calling upon
the Opposite Parties to show cause as to why they
shall not be directed to divert the proposal for
alignment of the 33 KV electric line, from Garapur to
Indupur in the district of Kendrapara as per the
proposal given by the Petitioner in his
representation vide Annexure-4 and map vide
Annexure-3/A and alternatively why the
representation of the Petitioner vide Annexure-4
shall not be considered by the Opposite Parties.
And further be pleased to pass any order/orders
direction/directions as deem fit and proper."
4. Learned counsel for the Petitioner at the outset
contended that being aggrieved by the drawal of 33 KV electric
line over the residential house of the present Petitioner, the
Petitioner has approached this Court for grant of relief as has
been prayed in the present Writ Petition. He also contended
that due to the drawal of the 33 KV electric line over the
residential house of the Petitioner, the lives of the family
members of Petitioner are at stake.
5. Mr.L.K.Moharana, learned counsel for the Opposite
Parties on the other hand submitted that the overhead 33 KV
line was pre-existing and now the Distribution Company is
changing the wires under CapEx scheme. Therefore, no new
construction or drawal of electric line has been made. He
further contended that such fact has also been admitted in the
Writ Petition by the Petitioner. In course of his argument,
learned counsel for the Opposite Parties, further referring to
the judgment of the Division Bench in the case of the
Executive Engineer (Electrical), TPCODL v.
Smt.Soubhagini Patra in W.P.(C) No.21035 of 2021
disposed of on 14.03.2023, contended that the Division
Bench has categorically held that the GRF is the competent
authority to decide the dispute of the present nature. The
Division Bench in Paragraph-36 of the said judgment has
categorically held that the District Magistrate or the
Commissioner of Police, if he is so authorized to, is the
competent to exercise their power and to grant necessary relief
as has been sought for in the present Writ Petition by the
Petitioner.
6. Considering the submissions made by the learned
counsels for the respective parties, further keeping in view the
factual background of the present case and taking into
consideration the judgment of the Division Bench in W.P.(C)
No.21035 of 2021, the Writ Petition is disposed of at the stage
of admission by granting liberty to the Petitioner to file a
detailed representation along with all supporting documents
before the District Magistrate, Kendrapara-Opposite Party No.2
within a period of 10 days from today. In such eventuality the
Opposite Party No.2 shall do well to consider and dispose of
the application of the Petitioner within a period of six weeks by
providing opportunity to all concerned parties and pass a
reasoned and speaking order. Any decision so taken be
communicated to the Petitioner within two weeks thereof.
7. In the event the Petitioner moves an application for
passing any interim order before the District Magistrate,
Kendrapara he shall consider the same in accordance with law
as expeditiously as possible preferably within a period of eight
weeks.
8. With the aforesaid observation/direction, the writ
application stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
