ORISSA ELECTRICITY REGULATORY COMMISSION Vs. L I PARIJA
LAWS(SC)-2006-1-39
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on January 16,2006

ORISSA ELECTRICITY REGULATORY COMMISSION Appellant
VERSUS
L.I.PARIJA Respondents


Cited Judgements :-

SR. ANNIE VS. KERALA STATE ELECTRICITY BOARD [LAWS(KER)-2009-4-55] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Heard learned counsel for the parties.
(2.)Leave granted.
(3.)The appeal were essentially directed against the interim orders passed by the Orissa High Court, directing, in essence, restraining the Orissa Electricity Regulatory Commission (in short the Commission) - appellant herein from taking steps in the matter of fixation of tariff for the periods 2002-03 and 2003-04. During the course of hearing, learned counsel for the appellant placed before us an order dated 2-9-2003 in Misc. Case Nos.1380 and 1805 of 2003 by which the earlier orders were modified and the Commission was permitted to decide on the question of fixation of tariff for the aforesaid two periods. The writ petitioners before the High Court, who are respondent Nos. 2 to 13 in these appeals have not appeared in spite of service of notice. From the order dated 2-9-2003, it is clear that the High Court virtually recalled the order of restraint on the exercise of power of the Commission. But at the same time, the High Court has kept the matters pending for the purpose of monitoring the action of the Commission. We find these orders to be rather strange. The interim orders passed by the High Court restraining the Commission from exercising its functions are indefensible. After the High Court had permitted the Commission to take necessary decision, the Commission has, in fact, taken decision and has fixed the tariff for the two periods. It is also not disputed that levy is being made on the basis of tariff so fixed. It is not in dispute that correctness of the tariff fixed can be questioned before the prescribed forum, as provided in the Orissa Electricity Reform, Act 1994. That being so, there was no necessity for the High Court to keep the writ petitions pending. As the Commission has already taken decisions, the tariffs have been fixed and levys are being made, nothing further needs to be done in these appeals accept directing the High Court to treat the Writ Petition as having become infructuous. The appeals are accordingly disposed of. In view of this order, the notice of contempt issued by the High Court and the contempt proceedings stand quashed.


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