Executive Engineer (Elect.) vs Sesadev Padhi ..... Opposite Party
2026 Latest Caselaw 3262 Ori

Orissa High Court

Executive Engineer (Elect.) vs Sesadev Padhi ..... Opposite Party on 8 April, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                WP(C) No.21308 of 2025
            Executive Engineer (Elect.),      .....    Petitioner
            Kalahandi West Electrical
            Division, TPWODL, Kalahandi
                                                              Represented by Adv. -
                                                              Prasanta Kumar
                                                              Tripathy

                                          -versus-
            Sesadev Padhi                         .....             Opposite Party
                                                              Represented by Adv. -

                                CORAM:
                  THE HON'BLE MR. JUSTICE ADITYA KUMAR
                              MOHAPATRA

                                         ORDER

08.04.2026 Order No.

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

2. Heard learned counsel for the Petitioner. Perused the application as well as the prayer made therein.

3. By filing the present writ application, the Petitioner- Electricity Company calls into question the impugned judgment dated 27.02.2025 passed in Complaint Case No.107 of 2024 by the learned District Consumer Disputes Redressal Commission, Kalahandi, At-Bhawanipatna.

4. On perusal of the impugned judgment it appears that the complainant-Opposite Party approached the learned DCDRC raising a building dispute. Since the consumer complaint is maintainable and as against the judgment of the learned DCDRC,

an appeal lies to the commission, this Court is of the prima facie view that the present writ application is not maintainable. At this juncture, learned counsel for the Petitioner sought liberty to approach the appellate State Commission by filing a properly constituted appeal.

5. Considering such submission, the writ application is permitted to be withdrawn with liberty to approach the State Commission by filing an appeal along with an application for condonation of delay. In such eventuality, the State Commission shall consider the delay liberally and pass necessary orders on the application of the Petitioner for condonation of delay. Let the appeal memo along with the condonation of delay application be filed before the State Commission within three weeks from today. It is further directed that in the event the appeal is presented within three weeks from today, no coercive action shall be taken against the Petitioner.

6. Accordingly, the Writ Application stands disposed of as withdrawn. Certified copy of Annexure-6 be returned to the Petitioner after substituting with an authenticated Xerox copy of the same.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 09-Apr-2026 17:21:42