Full Judgment Text
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CASE NO.:
Appeal (civil) 519-524 of 2006
PETITIONER:
Orissa Electricity Regulatory Commission
RESPONDENT:
L.I. Parija and Ors.
DATE OF JUDGMENT: 16/01/2006
BENCH:
Arijit Pasayat & S.H. Kapadia
JUDGMENT:
JUDGMENT
ARIJIT PASAYAT, J.
Heard learned counsel for the parties.
Leave granted.
The appeals were essentially directed against the interim orders passed by
the Orissa High Court directing, in offence, restraining the Orissa
Electricity Regulatory Commission (in short ‘the Commission’) - appellant
herein from taking steps in the matter of fixation of tariff for the
periods 2002-03 and 2003-04. During the course of hearing, learned counsel
for the appellant placed before us an order dated 02.09.2003 in Misc. Case
Nos. 1380 and 1805 of 2003 by which the earlier orders were modified and
the Commission was permitted to decide on the question of fixation of
tariff for the aforesaid two periods. The writ petitioners before the High
Court, who are respondent Nos. 2 to 13 in these appeals have not appeared
inspite of service of notice. From the order dated 02.09.2003, it is clear
that the High Court virtually recalled the order of restraint on the
exercise of power of the Commission. But at the same time, the High Court
has kept the matters pending for the purpose of monitoring the action of
the Commission. We find these orders to be rather strange. The interim
orders passed by the High Court restraining the Commission from exercising
its functions are indefensible. After the High Court had permitted the
Commission to take necessary decision, the Commission has, in fact, taken
decision and has fixed the tariff for the two periods. It is also not
disputed that levy is being made on the basis of tariff so fixed. It is not
in dispute that correctness of the tariff fixed can be questioned before
the prescribed forum, as provided in the Orissa Electricity Reform, Act,
1994. That being so, there was no necessity for the High Court to keep the
writ petitions pending. As the Commission has already taken decisions, the
tariffs have been fixed and levys are being made, nothing further needs to
be done in these appeals except directing the High Court to treat the Writ
Petition as having become infructuous. The appeals are accordingly disposed
of. In view of this order, the notice of contempt issued by the High Court
and the contempt proceedings stand quashed.