Usharani Bhujabal v. S.D.O.(Commerce)-Cum-Assessing Officer, Tpcodl, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 20455 of 2022 Usharani Bhujabal .....

Petitioner Mr. Falguni Rajguru Mohapatra, Advocate -versusS.D.O. (Commerce)-cum-Assessing Officer, TPCODL, Bhubaneswar ....

Opp. Parties Mr. Bijaya Kumar Dash, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

14.09.2022 2.

1.

This matter is taken up through Hybrid mode.

2.

Petitioner in this writ petition seeks to assail the initiation of proceeding under Section 135 of the Electricity Act, 2003 (for short, 'the Act') read with Regulation 163 of OERC Distribution (Condition of Supply) Code, 2019.

3.

Mr. Mohapatra, learned counsel for the Petitioner submits that along with the provisional assessment, Opposite parties initiated a proceeding under Section 135 of the Act. Although objection has already filed by the Petitioner no order of final assessment has yet been passed. Even initiation of the proceeding under Section 135 of the Act is itself mala fide and not in accordance with law. Hence, this writ petition is filed. 4.

Mr. Dash, learned counsel for TPCODL submits that in the meantime, final order of assessment has been passed and communicated to the Petitioner which the Petitioner stoutly denied. Mr. Dash, learned Counsel for TPCODL further submits

// 2 // that the provisional assessment order has been confirmed and the Petitioner has been held liable to pay Rs.5,11,145/- in the final assessment order. As such, the Petitioner has a remedy of appeal under Section 127 of the Act.

5.

In view of the above, the writ petition is disposed of with a direction that in the event Petitioner deposits a sum of Rs.2,00,000/- (rupees two lakhs only) before the authority within a period of two weeks hence, power supply to the premises of the Petitioner shall be restored complying with the formalities, which shall be subject to the result of the appeal, if any filed. The Petitioner is also at liberty to contest proceeding under Section 135 of the Act by filing her objection. The final assessment order shall also be communicated to the Petitioner within seven days.

6.

In case Petitioner files appeal, the amount paid towards reconnection of power supply shall be set off from the predeposit requried for filing of the appeal. Needless to mention, the Petitioner shall go on paying the current bills. Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy