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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.5088 of 2021

Smt. Swarnalata Dikshit..

….

Petitioner

Mr. B.Jena & associate, Advocate

-versus-

Executive Engineer (Electrical),

City Division, DivisionNo.1

TPCODL, Ranihat, Cuttack &

Others

….

Opposite parties

Mr.S.C.Panda & associates ,Advocate

CORAM:

JUSTICE BISWANATH RATH

ORDER

05.07.2021

Order No.

07

This matter is taken up through video .conferencing

mode.

2. Heard Mr.Jena, learned counsel for the petitioner and

Mr. Panda, learned counsel appearing for the opposite

parties.

3.

Short grievance of the petitioner in the writ

petition is that the power supply disconnection to the

petitioner’s house is given with resistance of the house

owner therein. Considering the pleading and the

submissions of respective parties and taking into

consideration the submission of learned counsel for the

petitioner that during pendency of the writ petition,

there has been power supply connection already to the

premises of the petitioner. From the nature of dispute

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between the owner and the occupier of the portion

involved herein, this Court observes disconnection of

power supply cannot be resorted to achieve an order of

eviction. If there is any dispute in the matter of

eviction of the petitioner, there is ample provision to

initiate appropriate proceeding before the competent

authority. For there already power supply given to the

petitioner’s residence, power supply be maintained.

The dispute between the petitioner and house owner 3

required to be decided in appropriate forum and will be

decided by that forum lawfully.

4. This writ petition stands disposed of with the

observation made hereinabove.

5.

As the restrictions due to resurgence of COVID-

19 situation are continuing, learned counsel for the

parties may utilize a print out of the order available in

the High Court’s website, at par with certified copy,

subject to attestation by the concerned Advocate, in the

manner prescribed vide Court’s Notice No.4587, dated

25th March, 2020 as modified by Court’s notice

No.4798, dated 15th April, 2021.

Susil Kumar Swain

(BISWANATH RATH)

JUDGE

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