Jajpur District Stone Crusher Owners Association v. The Collector-Cum-Dm, Jajpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 7819 OF 2022 Jajpur District Stone Crusher Owners Association ....

Petitioner Mr. Falguni Rajguru Mohapatra, Advocate -versusThe Collector-cum-District Magistrate, Jajpur and others ....

Opp. Parties Mr. Suvashish Pattnaik, Additional Government Advocate (For Opp. Party No.1) Mr. Prasanta Kumar Tripathy, Advocate (For Opp. Party Nos.2 and 3)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

26.08.2022 3.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner being the Jajpur District Stone Crusher Owners' Association has filed this writ petition seeking for a direction to the Opposite Parties to revise the energy bill raised as per the contract demand.

3.

Mr. Mohapatra, learned counsel for the Petitioner submits that due to restriction imposed by the State Government, the crusher units of Jajpur District were closed. Thus, the raising bill as per the contract demand is not justified. In that regard, the Petitioner-Association has made several grievance petitions to the Superintending Engineer (Electrical), TPNODL, Jajpur RoadOpposite Party No.2, but no decision has yet been taken on the same. Hence, he prays for a direction to the Opposite Party No. 2

// 2 // to take a decision on the representation/grievance petition filed by the Petitioner-Association.

4.

Mr. Tripathy, learned counsel for the Opposite PartiesTPNODL, on the other hand, submits that the Petitioner may be liable to pay the bill as per the contract demand. However, since the grievance petition of the Petitioner is pending before Opposite Party No.2 for consideration, he should take a decision on the same in accordance with law, giving opportunity of hearing to the representative of Petitioner-Association.

5.

Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case of the Petitioner disposes of this writ petition with a direction that on production of certified copy of this order along with a copy of the grievance petition enclosing relevant documents within a period of two weeks hence, the Superintending Engineer (Electrical), TPNODL, Jajpur RoadOpposite Party No.2 shall do well to consider the grievance petition of the Petitioner as expeditiously as possible preferably within a period of six weeks therefrom, giving opportunity of hearing to the representative of Petitioner-Association and communicate his decision to the Petitioner-Association forthwith. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge