Orissa High Court
The vs Unknown on 15 May, 2018
Author: S. N. Prasad
Bench: S. N. Prasad
W.P.(C) No.7657 of 2018
3. 15.5.2018 This writ petition has been filed for quashing the
order dated 13.11.2017 passed by the Ombudsman-II,
Bhubaneswar in C.R. Case No. Omb (II)S-09 of 2017
(Annexure-1), whereby and where under the following
direction has been passed:-
1. The Respondent (petitioner herein) is directed to
revise the bill of the petitioner from 19.10.2009
onwards based on Allied Agro-industrial Activities
tariff and serve the revised bills to the petitioner
within 30 days from the date of this order and file
compliance to this Authority within 30 days.
2. The petitioner is directed to pay the revise bill
amount within 30 days from the date of receipt of the
revised bill from the respondent.
3. Both the parties are directed to initiate steps fro
enhancement of contract demand and change of
consumer category subsequently as per Rules and
Regulations in force.
According to the learned counsel for the petitioner
the Ombudsman-II in wrong notion has passed the
aforesaid direction since this Court while disposing the writ
petition being W.P.(C) No.25765 of 2011 vide judgment
dated 18.08.2015 has specifically laid down therein that the
RJ
captive feed unit attached to the 'poultry farm' being
treated as an integral part of poultry and if the
consumption is less than 20% of total connected load, it
should be charged on Allied Agro-industrial category not on
GP(LT) Tariff basis.
According to the petitioner, the Ombudsman-II has
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taken note of the argument of the petitioner regarding the
total consumption of electricity i.e. 14.5 KW which is 29%
of the load of the consumer which has not been
controverted by the consumer-opposite party no.2 before
the Ombudsman, ignoring that and relying upon the
consumption of the petitioner taking it less than 20% has
directed to charge on the basis of the Allied Agro-Industrial
Category which finding/direction is absolutely improper, as
such not sustainable in the eye of law.
This Court, after hearing the learned counsel for the
petitioner and going through the material available in the
order impugned thinks that the matter required
consideration.
Issue notice to the opposite party no.2 by Registered
Post with A.D. Requisites be filed by 18.05.2018.
Notice be made returnable within four weeks.
List this case on 20.07.2018.
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S. N. Prasad, J.
I.A. No.6553 of 2018
3. 15.5.2018 The petitioner has filed the instant interim application for keeping the operation of the order dated 13.11.2017 in abeyance.
Prima facie, it appears that the contention raised by the petitioner is having some force. This Court while disposing of the writ petition being W.P.(C) No.25765 of 2 3 2011 vide judgment dated 18.08.2015, has directed to charge on the basis of Allied Agro-Industrial Tariff category, if the captive feed unit attached to the 'poultry farm' which is to be treated as an integral part of poultry subject to the consumption if it is less than 20% of total connected load, but as has been found by this Court that the total connected load is 29%, hence prima facie it appears that the consumer-opposite party no.2 will not come under the fold of Allied Agro Industrial category.
In view thereof, according to my considered view the petitioner has been able to make out a prima facie case for passing interim order.
In view thereof, operation of the order dated 13.11.2017 passed by the Ombudsman-II, Bhubaneswar in Consumer Representation Case No. Omb(II)S-09 of 2017 (Annexure-1) shall be kept in abeyance till the next date.
Accordingly, the interim application is disposed of.
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S. N. Prasad, J.
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