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Orissa High CourtWP(C)/19078/2022disposed off

Chandan Prasad Sahoo v. State Of Odisha

2022-08-24Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.19078 OF 2022 Chandan Prasad Sahoo ....

Petitioner Mr. Somadarsan Mohanty, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Suresh Chandra Dash, Advocate (For Opp. Party Nos.2 to 4)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

24.08.2022 3.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the demand notice issued in respect of his Unit under Annexure-2 series and prays for a direction for restoration of power supply to the Petitioner's unit disconnected on 14th July, 2022. 3.

Mr. Mohanty, learned counsel submits that the Petitioner has already submitted his reply to the demand notice on 26th July, 2022 vide Annexure-5, which is pending for consideration. Further, due to disconnection of power supply, the Petitioner is seriously prejudiced as he is deprived of earning his livelihood. \ 4.

Mr. Dash, learned counsel appearing for TPCODL prays for an adjournment to take instruction and file counter affidavit in this case.

5.

In view of the fact that reply to the demand notice under Annexure-5 is pending before the Executive Engineer-cumAssessing Officer (TPCODL), Nimapara Electrical Division, Dighalo-Opposite Party No.2 since 26th July, 2022, a decision is required to be taken on the same within the statutory period.

// 2 // 6.

Hence, this writ petition is disposed of with a direction to the Executive Engineer-cum-Assessing Officer (TPCODL), Nimapara Electrical Division, Dighalo-Opposite Party No.2 to take a decision on the demand notice issued under Annexure-2 series considering the show cause reply submitted by the Petitioner on 26th July, 2022 under Anenxure-5 within the statutory period. It is, however, observed that the Petitioner, if so advised, may file an application before Executive Engineer-cumAssessing Officer (TPCODL), Nimapara Electrical Division, Dighalo-Opposite Party No.2 for restoration of power supply to the Petitioner's unit.

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

(K.R. Mohapatra) bks Judge