ORISSA HIGH COURT: CUTTACK W.P.(C) No.22089 of 2024 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

Arnadata Foods Private Limited At: Jagannathpur P.O.: Banpur District: Khordha Represented by its Managing Director Sri Bhagaban Pradhan Aged about 59 years Son of Late KapilaPradhan, At: Jagannathpur P.O.: Banpur District: Khordha. … Petitioner.

-VERSUS-

1. Ombudsman-I,OERC At: Qtr. No.3R-2(S), GRIDCO Colony, P.O.: Bhoinagar Bhubaneswar, District: Khordha, PIN:751022.

2. Executive Engineer (Electrical)

Tata Power Central Odisha Distribution Limited Balugaon Electrical Division At/P.O.: Balugaon, District: Khordha. … Opposite parties.

Counsel appeared for the parties:

For the Petitioner : Mr. Falguni Rajguru Mohapatra, Advocate For the Opposite Party : M/s. Lalit Kumar Maharana No.2 and Ruparekha Jena, Advocates P R E S E N T: HONOURABLE MR. JUSTICE BIBHU PRASAD ROUTRAY AND HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 28.01.2025 :: Date of Judgment : 11.02.2025

JUDGMENT

MURAHARI SRI RAMAN,J.

Challenge has been laid to Order dated 16.08.2024 of the learned Ombudsman-I, Odisha Electricity Regulatory Commission, Bhubaneswar-Opposite Party No.1 in C.R. Case No.OM(I)-120 of 2021 [Arising out of Order dated 07.04.2021 of the Grievance Redressal Forum, Khordha in C.C. Case No.124 of 2021 (BED)] in the afore-noted writ petition, wherein and whereby the prayer(s) of the petitioner for reduction of contract demand from 214 KVA to 90 KW and waiver of demand charges for the period of disconnection of power supply to its Unit has been rejected.

1.1. Having moved this Court by way of filing instant writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has made the following prayer(s):

―The Petitioner therefore humbly prays that this Hon‘ble Court may graciously be pleased to admit the writ petition issue a ‗Rule NISI‘ calling upon the opposite parties to show cause as to why the writ petition shall not be allowed;

And if the said opposite parties fail to show cause or show insufficient cause then after hearing the parties, your Lordship be pleased to allow the writ petition by quashing the impugned order dated 16.08.2024 passed by the opposite party No.1/Ombudsman-I in Case No.120 of 2024 as illegal;

And for which act of kindness, the above named Petitioner as in duty bound shall ever pray.‖

Facts:

2. The petitioner, Arnadata Foods Private Limited, a Rice Mill, in order to avail power supply of 214 KVA under ―Large Industry‖ category entered into Agreement with the Executive Engineer (Electrical), B.E.D., Balugaon, Central Electricity Supply Utility of Odisha (―the Licensee‖, for short). For said purpose, the petitioner (―the Consumer‖, for short) executed ―Standard Agreement Form for Supply of Electrical Energy by the Central Electricity Supply Utility of Odisha‖ on 07.05.2015 for five years, as provided under the Odisha Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 2004 (―Code, 2004‖ for convenience), The Odisha Electricity Regulatory Commission Distribution (Conditions of

2.1. During subsistence of period of agreement, the power supply to the petitioner-Rice Mill, as availed since October, 2015, has been disconnected since March, 2019 till December, 2020. Due to financial stringency, the petitioner could not run the business concern with full connected load, i.e. 214 KVA from March, 2019 to December, 2020. After getting the Unit inspected by the Electrical Inspector, the petitioner approached opposite party No.2– the Executive Engineer (Electrical), Tata Power Central Odisha Distribution Limited, Balugaon Electrical Division, Balugaon (be called, ―TPCODL‖) for consideration of reduction of connected load from 214 KVA to 90 KW, but the same was turned down. The prayer of the petitioner for

Supply) Code, 2004 has been superseded by virtue of the Odisha Electricity

Regulatory Commission Distribution (Conditions of Supply) Code, 2019