Puspa Panda v. Ceo, Tpcodl, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6626 of 2022 Puspa Panda ....

Petitioner(s) Mr. B. Mansingh, Advocate -versusCEO, TPCODL, BBSR & Ors.

....

Opposite Parties

CORAM:

JUSTICE BISWANATH RATH

ORDER

11.03.2022 Order No.

1.

1.

Learned counsel for Petitioner alleged that impugned provisional assessment has been made by the competent authority without even affording opportunity to the Petitioner. It is also submitted that the same remains contrary to the materials available. In the meantime on the basis of wrong assessment, there is disconnection of power supply to the establishment involved. 2.

Considering the allegation made by the learned counsel for Petitioner, this Court while disposing of this matter at admission stage directs, in the event the Petitioner submits her objection to the provisional assessment with deposit of a sum of Rs.3,00,000/- (rupees three lakhs) by way of draft, there shall be immediate restoration of the power supply to the establishment of the Petitioner. Further the authority shall also undertake an exercise of assessment of the pending dues of the Petitioner also involving the

// 2 // Petitioner, by completing the entire exercise within a period of one & half months from the date of submission of objection with deposit. It is further directed that on deposit of the amount as indicated hereinabove, there shall be no coercive action involving the provisional assessment at least till the fresh disposal is achieved. Deposit as per the direction of this Court will, however, be without prejudice to the claim of the parties and also subject to the final outcome in the re-exercise process. The Petitioner is also directed to go on depositing the current dues.

3.

This writ petition stands disposed of with the above direction.

(Biswanath Rath) Judge Ayaskanta Jena