Ganeswar Nayak v. The Ceo, (Tpcodl), Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 17367 OF 2022 Ganeswar Nayak ....

Petitioner Mr. Lingaraj Mohanty, Advocate -versusThe CEO (TPCODL), Bhubaneswar and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

06.09.2022 3.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the demand notice No.0010006617 dated 28th April, 2022 (Annexure-2) issued by the TPCODL.

3.

It is submitted by Mr. Mohanty, learned counsel for the Petitioner that on the basis of a physical verification report, provisional assessment has been made and inflated demand notice has been issued to the Petitioner. Assailing the same, he had moved the Permanent and Continuous Lok Adalat, Bhubaneswar in Pre-Litigation Dispute Case No.23292 of 2022 in which it has been observed that as no settlement can be arrived at, the Petitioner has been advised to approach the General Manager (Electrical), Bhubaneswar City Distribution Division, TPCODL-Opposite Party No.2 for redressal of his grievance. Pursuant to the advice, the Petitioner has already submitted his grievance petition under Annexure-4 on 7th June, 2022. But no action has yet been taken on the same. On the other hand, power supply to the premises of the Petitioner's

// 2 // factory has been disconnected. Hence, this writ petition has been filed.

4.

Since it appears that on basis of a physical verification report, provisional assessment has been made in respect of the premises of the Petitioner, the Petitioner is required to submit his objection to the said provisional assessment order and contest the same. Further, it appears that the Petitioner has made a grievance petition to the General Manager (Electrical), Bhubaneswar City Distribution Division-2, TPCODL-Opposite Party No.2 vide Annexure-4. Thus, the writ petition is disposed of with an observation that the Petitioner, if so advised, may file his objection before the Assessing Officer to the provisional assessment order under Annexure-2. The General Manager (Electrical), Bhubaneswar City Distribution Division-2, TPCODL-Opposite Party No.2 may also take necessary step for disposal of the grievance petition of the Petitioner dated 7th June, 2022 under Annexure-4, if the same is still pending. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms