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2012 Supreme(Ori) 350

B.N.MAHAPATRA
Executive Engineer (Electrical) NESCO, Baripada Electrical Division, At/P. O. Baripada – Appellant
Versus
OMBUDSMAN-II, (Electricity),Bhubaneswar, At-Qrs. No. 3R-2(S) GRIDCO Colony, P. O. Bhoinagar, Janpath – Respondent


Advocates Appeared:
For Petitioner: Mr. S.C. Dash.
For Opp. parties : M/s.Falguni Rajguru Mohapatra, M.K. Panda, & R.K. Nayak.

JUDGMENT

B.N. MAHAPATRA, J.

This writ petition has been filed with a prayer to quash the order dated 12.03.2012 passed under Annexure-8 in C.R. Case No.70 of 2011 by the OMBUDSMAN-II holding that the “Hatchery” Unit “M/s Bharasa Hatchery” is coming under Allied Agricultural Activities under Regulation 80(5)(ii) of OERC Supply Code and directing the petitioner-licensee to revise the agreement and bills from February, 2011 till the date on the basis of the applicable tariff and not in General Purpose Tariff (in short, ‘G.P. Tariff’) within 30 days from the date of issue of the order, with further direction to the opposite party-consumer to resolve the dispute in complaint handling procedure under the licensee to avail benefits under Own Your Transformer (OYT) Scheme on the ground that the said order is illegal, contrary to law and without jurisdiction.

2. Petitioner’s case in a nutshell is that the respondent-opp. Party no.1 in the forum below is one of the supply Engineers of NESCO (Licensee). The petitioner-company (NESCO) is one of the distribution companies, which is granted with the licence by OERC under Section 14(b) of the Electricity Act, 2003 (for short, ‘Act, 2003’) to dist

















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