SK ABDUL RIHAN Vs. DY ELECTRICAL INSPECTOR
LAWS(ORI)-2020-5-15
HIGH COURT OF ORISSA
Decided on May 26,2020

Sk Abdul Rihan Appellant
VERSUS
Dy Electrical Inspector Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) This writ petition has been filed by Sk. Abdul Rihanthe petitioner inter alia with the prayer that the respondent no.1- Dy.Electrical Inspector (T & D)-cum-Appellate Authority, Government of Odisha, Angul, may be directed to dispose of the appeal filed by him bearing number A.A.C. No.1 of 2009 within a stipulated time frame and direct restoration of electricity connection, which was discontinued without giving proper notice under Section 56 of the Electricity Act, 2003 read with Regulation 100 of the O.E.R.C. Dist. (Condition of Supply) Code.
(2.) Earlier also the petitioner approached this Court by filing writ petition i.e. W.P.(C) No.16942 of 2019, which was disposed of vide order dated 19.09.2019, directing the respondents to taka a decision with regard to restoration of power supply to the petitioner's Ice Plant within 15 days. According to the petitioner, he deposited a sum of Rs.3,16,694/- on 14.02.2020 before the respondents to dispose of the appeal under Section 127 (2) of the Electricity Act, 2003 (for short, "the Act"). It is submitted that though the Appellate Authority heard the matter on 16.03.2020, the same has neither been decided nor reconnection has been directed.
(3.) The dispute between the petitioner and the respondents pertains to the period from 28.03.2009 when provisional assessment under Section 126 of the Act was made by the respondents on allegation of meter tampering, both indicating meter as well as check meter by the petitioner. The petitioner challenged the same before this Court in W.P.(C) No.5497 of 2009, which was disposed of vide order dated 10.04.2009. This Court directed the petitioner that if he deposits Rs.3.00 lakhs within two weeks, the respondents shall restore the electricity connection upon his depositing the reconnection charges, without prejudice to his rights and contentions to be raised before the assessing authority. In the meantime, the petitioner filed an appeal under Section 127 of the Act. The Dy. Electrical Inspector (T & D)-cum-Appellate Authority, Government of Odisha, Angul, who directed the petitioner to deposit further amount of Rs.3,16,694/-, failing which the appeal shall stand dismissed as not admissible. The petitioner challenged the said order by filing W.P.(C) No.13478 of 2009. This Court by order dated 16.09.2019, as an interim measure, directed that there shall be no disconnection of power supply. The petitioner filed another writ petition i.e. W.P.(C) No.20054 of 2009 seeking appropriate direction to get the meter tested by the Electrical Inspector, Odisha and for enhancement of contract demand in respect of the premises of the petitioner, which is pending adjudication. This Court in that writ petition, directed restoration of the electricity supply on payment of reconnection charges and further directed the petitioner to enjoy electricity on payment of charges on current dues.;


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