Rema Sahu v. The Chief Of Engineering Of Quality, Tpcodl, Bbsr
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 26917 OF 2022 Rema Sahu and another ....
Petitioners Mr. Gokulananda Padhi, Advocate -versusThe Chief Engineering of Quality, TPCODL, Bhubaneswar and others ....
Opp. Parties Mr. B.K. Dash, Advocate (For TPCODL)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
25.11.2022 W.P.(C) No. 26917 of 2022 & I.A. No. 15523 of 2022
1. 1.
This matter is taken up through hybrid mode.
2.
The I.A. has been filed for amendment of the cause title of the writ petition.
3.
Considering the submission made by learned counsel for the Petitioner, amendment sought for is allowed. Consolidated cause title of the writ petition incorporating the amendment shall be appropriately placed in the brief.
4.
The I.A. is accordingly disposed of.
5.
Although this matter is listed for orders, but on consent of learned counsel for the parties, the writ petition is taken up for final disposal.
6.
Counter affidavit filed by Opposite Party Nos.2 and 3 along with Vakalatnama of Mr. B. Dash, learned counsel and his associates appearing for TPCODL are taken on record. A copy of
// 2 // the counter affidavit has already been served on Mr. Padhi, learned counsel for the Petitioner.
7.
The Petitioner in this writ petition prays for a direction to the Sub-Divisional Officer, TPCODL, Bhubaneswar-Opposite Party No.3 to provide power supply to the premises of the Petitioner over Plot No. SCR-57, Unit-III, Kharavela Nagar, Bhubaneswar within a stipulated period.
8.
Mr. Dash, learned counsel for TPCODL draws attention of this Court to paragraphs-4 and 5 of the counter affidavit, which reads as under:
"4. That it is respectfully submitted that despite depositing the same along with her application in customer care centre/section office, Petitioner has simply forwarded her application (form No.1) along with her aadhar card and an affidavit through registered post addressing to SDO No.II, Power house, Bhubaneswar except land document (i.e. patta) Last month EC bill with MR copy and no objection consent from land owner. It is pertinent to note that existing connections in the name of Sri Niranjan Sahoo (father in law of the petitioner) bearing Consumer No.80027825217 and 80027794462 are available.
5. That it is respectfully submitted that as per OERC supply code 2019, an applicant who is not an owner but an occupier of the premises should furnish the No Objection certificate from owner of the premises. It is further submitted that deponent will be provided power supply, subject to the condition that the petitioner is required to submit the appropriate documents for availing a new service connection, but the petition did not comply the conditions, for which supply of connection could not be permitted."
9.
Thus, Mr. Dash, learned counsel for TPCODL submits that if the Petitioner complies with the requirements as required under paragraphs-4 and 5 of the counter affidavit, there is no difficulty in providing power supply to the aforesaid premises.
// 3 // 10.
Mr. Padhi, learned counsel for the Petitioner submits that the Petitioner will comply with the requirement as enumerated in paragraphs-4 and 5 of the counter affidavit within a period of fifteen days.
11.
In view of the above, this writ petition is disposed of with a direction that in the event the Petitioner complies with the requirement as required under paragraphs-4 and 5 within a period of fifteen days hence, power supply to the aforesaid premises shall be made available forthwith observing the formalities. Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) bks Judge