Orissa High Court: Narendra Kumar Vyas, J., directed the petitioner to approach Civil Court as the writ court cannot pronounce the legal right of the petitioner to receive compensation.
The instant petition was filed seeking compensation for the wrongful disconnection of electricity. The prayer sought is to award the compensation amounting to rupees one crores in favour of the petitioner at an early date and to take appropriate legal action against the opposite parties.
Counsel for Electricity Company submitted that it does not have any compensation policy. The Court observed that where licence is granted to a supplier for the supply of electricity and before the expiration of the period of licence, the State Electricity Board exercises option to purchase the undertaking of supplier, there is the question of compensation to be paid. But in the instant case, the petitioner is a consumer and has not been able to disclose a policy of the supplier regarding payment of compensation.
The Court thus held “In the circumstances, the writ Court cannot pronounce on a legal right of petitioner to receive compensation. Petitioner must approach the Civil Court and prove wrongful disconnection for decree of compensation.”[Pramod Kumar Rout v. Superintending Engineer Electrical Circle, 2022 SCC OnLine Ori 1123, decided on 13-04-2022]
For the Appellants: Mr. A.K. Dash
For the Respondent: Mr. S.C. Das