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Writ Court Can't Bestow Legal Right On A Consumer To Receive Compensation: Orissa High Court
Jyoti Prakash Dutta
15 April 2022 5:45 AM GMT
A Single Judge Bench of Justice Arindam Sinha of Orissa High Court has held that a writ Court like High Court cannot exercise its jurisdiction to pronounce on a legal right of a person to receive compensation, especially when there is no policy available to that effect. The petition was filed for direction upon the electricity supply company to deal with grievance petition dated...
A Single Judge Bench of Justice Arindam Sinha of Orissa High Court has held that a writ Court like High Court cannot exercise its jurisdiction to pronounce on a legal right of a person to receive compensation, especially when there is no policy available to that effect.
The petition was filed for direction upon the electricity supply company to deal with grievance petition dated 2nd July, 2020 as per order dated 29th May, 2020 of a coordinate Bench in a writ petition. The petitioner had prayed for compensation to the tune of one crore rupees and also to take action against the respondents for wrongful disconnection of electricity. On query from the Court, the respondent company stated that it does not have any policy on compensation.
The petitioner relied on the views of a Single Judge Bench of High Court of Calcutta in Patna Electric Supply Co. Ltd. v. Bihar State Electricity Board, AIR 1980 Cal 222, to substantiate its position for securing compensation. However, the Court outrightly pointed out that the precedent has no application in the instant case as the petitioner is a consumer.
Compensation directed therein by the Calcutta High Court was on a writ petition by the licensee where option had been exercised by the State Electricity Board under clause (b) in section 6(1) of Indian Electricity Act, 1910. Therein, it was held that when licence is granted to a supplier for supply of electricity and before 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.
The Court noted that the petitioner's grievance, in the instant petition, seems to be for a wrongful disconnection and therefore, he prayed for compensation. He was unable to disclose a policy of the supplier regarding payment of compensation. The supplier said that it does not have a policy. Hence, in the given circumstances, the Court held that a writ Court cannot pronounce on a legal right of petitioner to receive compensation. Therefore, it advised the petitioner to approach the Civil Court and prove wrongful disconnection for decree of compensation.
Case Title: Pramod Kumar Rout v. The Superintending Engineer Electrical Circle & Ors.
Case No.: W.P.(C) No. 17310 Of 2020
Order Dated: 13 April 2022
Coram: Justice Arindam Sinha
Counsel for the Petitioner: Mr. A.K. Dash, Advocate
Counsel for the Respondents: Mr. S.C. Das, Advocate
Citation: 2022 LiveLaw (Ori) 46
