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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
S.D.O., Electrical, Baripada – Appellant
Versus
Girish Chandra Das – Respondent
| Table of Content |
|---|
| 1. challenges to the pla's jurisdiction and process (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. procedural deficiencies identified in pla's decision (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. jurisdiction of permanent lok adalat defined (Para 19 , 20 , 21) |
| 4. quashing of the pla award (Para 22 , 23) |
JUDGMENT :
1. The Petitioner through this Writ Petition challenges the institution of PLA Case No.72 of 2021 and the Order/Award dated 28.04.2022 passed therein by the Chairperson and Members of P.L.A (PUS), Mayurbhanj, Baripada constituted under "The Legal Services Authorities Act, 1987" in exercise of Power under section 22C of the said Act to deal with the billing dispute arising out of Supply of electricity with arrears on account of consumption of electricity and awarding Compensation and Cost of litigation etc. against the O.P- licensee, contrary to the Rules and Regulations framed in consonance with "The Electricity Act, 2003" as illegal, arbitrary and unauthorized exercise of Power and Jurisdiction by the P.L.A, Mayurbhanj, Baripada.
2. The present Petitioners are the Electrical Engineers of the Distribution Licensee (TPNODL) within the meaning of Sec. 2(39)
Permanent Lok Adalat lacks jurisdiction to adjudicate disputes without mutual consent and must facilitate settlement instead of mimicking formal court proceedings.
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
Point of Law : Permanent Lok Adalat has, , clearly fallen into an error in adjudicating dispute instituted by the applicant on it's merits, when it could not effect the conciliation/settlement betwee....
The court distinguished between billing disputes and supply of electricity issues, emphasizing the necessity of alternative dispute resolution mechanisms established by statutes.
The Permanent Lok Adalat does not have jurisdiction to adjudicate disputes arising under the Electricity Act, 2003, as the Act provides a complete mechanism for grievance redressal and bars civil cou....
The Electricity Act, 2003 is a complete code that bars the jurisdiction of the Permanent Lok Adalat in disputes regarding provisional assessments under Section 126.
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
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