ORISSA ELECTRICITY REGULATORY COMMISSION versus L.I. PARIJA AND ORS.

ORISSA ELECTRICITY REGULATORY COMMISSION versus L.I. PARIJA AND ORS.

Once the Commission was permitted to fix tariff and had done so, with levies being made accordingly and statutory remedies available, interim restraint orders were indefensible and there was no necessity to keep writ petitions pending.

Parties
Appellant: Orissa Electricity Regulatory Commission; Respondent: L.I. Parija; Respondent: Swetaketu Mishra; Respondent: R.K. Talwar; Respondent: Amil Talwar; Respondent: Yash Pal Dhingra; Respondent: Ms. N. Annapoorani
Jurisdiction
India
Judgment Date
16 January 2006
Procedural Posture
Civil Appeal / Decision on Appeal Against Interim Order
Outcome
appeals allowed
Legal Topics
Interim Orders, Writ Petition, Tariff Fixation, Monitoring of Regulatory Authority
Constitutional Law Electricity Regulation Interim Orders Writ Petition Tariff Fixation Monitoring of Regulatory Authority

Case Brief

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Parties

Orissa Electricity Regulatory Commission

Appellant

L.I. Parija

Respondent

Swetaketu Mishra

Respondent

R.K. Talwar

Respondent

Amil Talwar

Respondent

Yash Pal Dhingra

Respondent

Ms. N. Annapoorani

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal Against Interim Order

Legal Issues

  1. 1 Whether interim orders restraining the Commission from fixing tariff were justified
  2. 2 Whether there was any necessity to keep writ petitions pending after tariffs were fixed

Ratio Decidendi

Once the Commission was permitted to fix tariff and had done so, with levies being made accordingly and statutory remedies available, interim restraint orders were indefensible and there was no necessity to keep writ petitions pending.

Court Disposition

appeals allowed

Orders

  • High Court directed to treat writ petitions as infructuous
  • Contempt proceedings and notice quashed