Akshya Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4723 of 2022 Akshaya Kumar Pradhan and another ....

Petitioners Mr. R. C. Behera, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Debakanta Mohanty, AGA and Mr. D. K. Mohanty, Advocate for Opposite Parties 7 and 9

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

28.09.2022 06.

1. A counter affidavit has been filed by the Executive Engineer, TPNODL, Keonjhar pointing out inter alia that any disconnection or reconnection of power supply happens only strictly in terms of instructions issued by the Energy Department, Government of Odisha and NESCO Utility and that too only in the elephant corridor and in movement areas of elephant/wildlife. It is stated that there is no routine disconnection of power supply from 6 pm to 6 am in the areas in question as alleged by the Petitioners.

2. An additional affidavit has been filed by the same Executive Engineer, TPNODL on 8th May, 2022 placing on record the extracts from the Log Book for the months of March and April, 2022. Learned counsel appearing on behalf of Opposite Parties 7 and 9 assures the Court that there is no routine disconnection of power supply any longer. There is no rejoinder filed to counter the above contentions.

3. A separate affidavit has been filed by the Assistant Conservator of Forests, Keonjhar (Opposite Party No.8) stating that TPNODL has never been asked to disconnect electricity supply in the Telkoi area during the day time. As far as instructions for disconnection of power supply in a particular area, it is only when the transmission line is passing through the reserve forests, elephant movement areas, and close to the forest areas and that too only for a limited duration. It is specifically denied that any instruction was issued to TPNODL to disconnect power supply in Telkoi area between 6 pm to 6 am.

4. No rejoinder has been filed to contradict any of the above averments. It appears that the situation is now well within control with there being no particular grievance remaining of the Petitioners.

5. In that view of the matter, no further directions are called for and the petition is disposed of.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge M. Panda