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2023 Supreme(Ori) 222

S. TALAPATRA, SAVITRI RATHO
Executive Engineer – Appellant
Versus
Soubhagini Patra – Respondent


Advocates:
S.C. Dash, Advocate, Santanu Kumar Sarangi, Advocate, A.K. Nayak, Advocate

JUDGMENT

S.TALAPATRA, J.

By means of this writ petition, the petitioners representing the Tata Power Central Orissa Distribution Limited (TPCODL) have challenged the order dtd. 7/4/2021 delivered in the complaint case being GRF, BBSR, CC No.165/2021, Annexure-3 to the writ petition.

2. By the said order dtd. 7/4/2021, the GRF directed the petitioners to take all necessary steps to remove the distribution transformers having capacity of 500 KVA and 200 KVA from the private plots of the complainant to a convenient place, but without encroaching upon the private plot of the complainant (the opposite party No.1 herein).

3. It has been observed in the said order that, those transformers were installed on the private land of the opposite party No.1 violating the relevant regulation as framed by the Orissa Electricity Regulatory Commission (OERC). Hence, the petitioners have either to shift the transformers to any other place within fifteen days or the petitioners have to pay a sum of Rs.3,000.00 (Rupees three thousand) per day on demand, for each day of delay in shifting the said transformers from the complainant's private plot. In addition to that, the petitioners will be held responsible

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