WP(C)/17378/2026 of HIMANSHU KUMAR KANUNGO Vs COLLECTOR, JAJPUR on 5 June 2026

ORDER

05.06.2026

01.

1. The matter is taken up in virtual mode.

2. The learned counsel for the petitioner submits that inadvertent typographical error has crept into the writ petition as the opposite party-authority has been mentioned as ‘TPCODL’, whereas it should be Tata Power Northern Odisha Distribution Limited (TPNODL) at Jajpur. It is submitted by the learned counsel that he may be allowed to carry out necessary correction in the cause title in the Court itself.

Prayer is allowed.

The learned counsel for the petitioner shall carry out necessary correction, which shall bear the initials of the learned counsel for the petitioner to be countersigned by the Court Master.

3. Copy of the writ application with annexures shall be served on Mr. L.K. Maharana, learned advocate, who usually appears for TPNODL. His name shall be reflected in the cause list as well as case brief.

4. The petitioner is aggrieved by the erection of structure and positioning of 11KV transformer by the power supply utility (Tata Power Northern Odisha Distribution Limited) at Badachana in the district of Jajpur over plot of the petitioner i.e. Plot No.1933, Khata No.759, Mouza Chandital, District-Jajpur.

5. It is submitted that the petitioner has approached the appropriate authority i.e. Collector, Jajpur U/s.17 of the Indian Telegraph Act, 1885, copy of which has been annexed to the writ application marked as Annexure-3, which has been forwarded to the said authority by Speed Post.

6. It is submitted by the learned counsel for the petitioner that the said application U/s.17 of the Indian Telegraph Act is pending adjudication.

7. The learned counsel for the opposite party no.2 Mr. Maharana refers to the decision of the Division Bench of this Court in W.P.(C) No.21035 of 2021 [The Executive Engineer (Electrical), TPCODL Bhubaneswar Electrical Division and another vs. Smt. Soubhagini Patra and another], decided on 14.03.2023 and submits that by the said judgment this Court has authoritatively dealt with the issue regarding placing of electrical transformer, the allied constructions and of the authority under Section 17 of the Indian Telegraph Act is the appropriate authority to decide issues arising therefrom.

8. In considered view of this Court, no purpose would be served in keeping the matter pending before this Court when the statutory authority is in seisin of the matter.

Accordingly, the it is directed that the petitioner shall approach the authority i.e. Collector and District Magistrate along with certified copy of this order as well as copy of the representation dated 05.05.2026 annexed to the writ application marked as Annexure-3. The authority shall do well to dispose of the application after calling for the required records/papers/ documents, by giving opportunity of hearing to all the concerned parties including the petitioner.

9. The writ petition is disposed of accordingly.

Urgent certified copy be issued as per rules.

The parties shall have the liberty to act upon the copy of the order obtained from the official website of this Court.

(Mruganka Sekhar Sahoo) Vacation Judge Radha Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 08-Jun-2026 08:15:05 Signature Not Verified