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Orissa High CourtWP(C)/5116/2016disposed off

Rikta Jagati v. Asst.Managerei,Commerce-Cum-Assessing Officer,Cesu

2022-07-25Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 5116 OF 2016 Rikta Jagati .....

Petitioner Mr. Biren Sankar Tripathy, Advocate -versusAsst. Manger (El.), Commerce-cumAssessing Officer, CESU and others ....

Opp. Parties None

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

25.07.2022 4.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the provisional assessment notice dated 18th December, 2015 (Annexure-2 series) issued by the Asst. Manager (Electrical) Commerce, Central Electricity Supply Utility, Nayapalli SubDivision, Bhubaneswar making a provisional assessment of Rs.75,527/-.

3.

None appears for the Opposite Party No.1 although represented through his learned counsel.

4.

Mr. Tripathy, learned counsel for the Petitioner drawing attention of this Court to the order dated 22nd March, 2016 submits that this Court while issuing notice in the matter directed the Opposite Party No.3 to restore electricity supply to the house of the Petitioner forthwith subject to the Petitioner depositing a sum of Rs.10,000/- within a period of ten days from the date of the said order. Accordingly, the Petitioner deposited the said amount and power supply was restored. During

// 2 // pendency of the writ petition, power supply was again disconnected during the month of May, 2022. Hence, the Petitioner has filed I.A. No. 6792 of 2022 with a prayer to restore power supply to her house.

5.

Taking into consideration the fact that the Petitioner has moved this Court against the order of provisional assessment, the writ petition is disposed of with a direction that on filing of objection to the provisional assessment notice within a period of fifteen days hence, the authority shall consider the same in accordance with law. In the meantime, power supply to the premises of the Petitioner shall be restored on payment of Rs.20,000/- (Rupees twenty thousand only) within a period of fifteen days hence, as undertaken, which shall be subject to the decision to be taken on the objection, if any, filed by the Petitioner to the provisional assessment notice. It is needless to say that the Petitioner shall go on paying the current dues regularly.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks