Jenamani Dei v. Tpcodl, Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 22700 OF 2022 Jenamani Dei and others ....

Petitioners Mr. Mohit Agarwal, Advocate -versusTPCODL, Bhubaneswar and another ....

Opp. Parties Mr. Pravakar Behera, Standing Counsel, Transport Department

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

06.09.2022 01.

1.

This matter is taken up through Hybrid mode.

2.

Mr. Agarwal, learned counsel makes an oral prayer to implead Boudha Infra Ventures Private Limited, represented through its Managing Director, Priyadarshi Pratyush Rath, son of Sarat Kumar Rath, AT Plot No.N1/275, IRC Village, Nayapalli, Near Millennium Eye Hospital, Bhubaneswar, Dist: Khordha as Opposite Party No.3 to the writ petition. 3.

Prayer is allowed.

4.

Necessary correction in the cause title of the brief be made in the Court.

5.

Grievance of the Petitioners in this writ petition is with regard to misuse of electricity by Opposite Party No.3. 6.

It is submitted by Mr. Agarwal, learned counsel for the Petitioners that they have entered into development agreement with Opposite Party No.3. For the purpose of construction only, the Developer-Opposite Party No.3 has taken power connection. However, without obtaining occupancy certificate, Opposite Party No.3 has transferred the flats to different persons and

// 2 // providing electricity from the said connection, which is illegal and unjustified. There is also likelihood of accident at any time. Although the Petitioners have raised grievances before the authorities of TPCODL, but the same has not been paid any heed. Lastly, Petitioners have made a grievance before the SubDivisional Officer, TP Central Odisha Distribution Limited, Barang Section, Electrical Circle-1, Bhubaneswar-Opposite Party No.2 on 21st July, 2022 under Annexure-8, but the same has not yet been considered. In that view of the matter, he prays for a direction to Opposite party No.2 to consider their grievance petition, make spot visit and take a decision on their grievance petition at an early date to prevent untoward incident. 7.

Taking into consideration the innocuous nature of prayer made by learned counsel for the Petitioner, this Court, without expressing any opinion on the merit of the case of the Petitioners, disposes of the writ petition with a direction that on production of certified copy of this order before Opposite party No.2 within a period of seven days hence, he shall make spot visit pursuant to the grievance petition dated 21st July, 2022 and dispose of the said representation/grievance petition as expeditiously as possible, preferably by three weeks therefrom with intimation to Petitioner No.1. Needless to say that follow up action as deem just and proper shall also be taken pursuant to the disposal of the representation of the Petitioners, as aforesaid, if it is required.

Issue urgent certified copy of the Order on proper application.

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