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Judgment
K.R. MOHAPATRA
1. This matter is taken up through video conferencing mode.
Petitioner in this writ petition seeks to assail the notice dated 8th June, 2021 (Annexure-6) issued by the Assessing Officer, TPSODL, wherein, the
Authority while initiating a proceeding under Section 135 of the Electricity Act, 2003 (as amended vide Amendment Act, 2007) (for short, ‘the
Act’), directed the Petitioner to file his show cause.
Learned counsel for the Petitioner submits that the Petitioner is a consumer under TPSODL having Consumer No.AA-1920. The farm premises of
the Petitioner was inspected and certain alleged irregularities including the tampering of meter were detected. Accordingly, power supply was
immediately disconnected to the said premises and inspection report dated 5th June, 2021 was issued provisionally assessing the energy charges to the
tune of Rs.11,11644/-. It is further submitted that the inspection was not in accordance with law and as such the issuance of notice to show cause is
not sustainable and is liable to be quashed.
It is further submitted that during pandemic of COVID-19, the Petitioner is earning his livelihood with much difficulty and the inflated provisional
assessment has caused serious prejudice to the Petitioner. The Petitioner is ready and willing to deposit a reasonable amount and power supply should
be restored to his farm premises. He further submits that the Petitioner could not submit his show cause within the stipulated period of seven days and
prays for some more time to file reply to the show cause notice under Annexure-6. He prays for disposal of the writ petition accordingly.
Mr.Mohanty, learned Senior Advocate referring to section 135 (1A) of the Act submits that the licensee or the supplier, as the case may be, may,
upon detection of such theft of electricity, shall immediately disconnect the supply of electricity and such power supply can be restored upon deposit of
the entire amount assessed in view of 3rd proviso to Section 135 (1A) of the Act. He, therefore submits that in the event the Petitioner deposits the
entire assessed amount, power supply can be restored to his premises. He further submits that pursuant to the provisional assessment as per Section
126 of the Act, the Petitioner was noticed, but he did not file any reply and accordingly final assessment has already been made on 5th July, 2021.
Hence, the Petitioner is at liberty to file appeal against the order of final assessment, which will be considered in accordance with law. Further against
the theft of electricity, an FIR has already been lodged and criminal action is set on motion. He, therefore submits that the writ petition is not
maintainable.
Taking into consideration the submissions of learned counsel for the parties, this Court is of the considered opinion that the proceeding initiated
under different provisions of the Act will take its own course and will be decided in accordance with law. At this stage, this Court should not express
any opinion on the merit of the case.
6.1 Be that as it may, taking into consideration the pandemic situation and that the Petitioner is earning his livelihood from the aquaculture farm in
question, this Court directs that in the event the Petitioner deposits a sum of Rs.6.00 lakh (rupees six lakh) within a period of three weeks hence,
which would be without prejudice to his case along with reconnection charges, power supply shall be restored to his farm premises within a period of
seven days there from, which shall be subject to the result of the proceedings initiated against the Petitioner.
6.2 It is made clear that the Petitioner shall go on paying the current dues regularly and failure to pay the current dues shall entail the Opposite Party-
authorities to disconnect the power supply.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.
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