Heard learned counsel for the petitioner.

2.     Learned counsel for the petitioner submitted that the complainant is a consumer under the O.Ps .The petitioner stated that the O.Ps suddenly prepared a report and imposed penalty of Rs.4,39,057/- and he has partly paid the arrear electricity dues and OPs restored power supply to his premises.Thereafter, complainant filed the complaint case along with interim petition to restrain the OPs from disconnecting power supply but before serving notice to the O.Ps the interim petition was rejected by the learned District Commission only observing that  the consumer complaint will not lie as case  u/s  126 of The Electricity Act, 2003 already filed. It is further submitted that unless written version is filed and  there is any protest by the O.Ps, it is not just and proper on the part of the learned District Commission to reject the interim application.  Therefore, he filed the present revision petition to set aside the order dated 28.02.2023 passed by the learned District Commission, Bolangir.

3.       Considered the submission.Perused the impugned order passed by the learned District Commissiion,Bolangir  which does not disclose the reason for rejection of the interim petition . The impugned order passed by the learned District Commission is as follows:-

         “xxx                 xxx                       xxx

Complainant is present. Perused from complainant petition and documents it goes under C.P.Act. Heard.Issue notice to the O.ps for version. Put up on 31.03.2023 for version.

The I.A petition filed by the complainant, it is the case of 126 of electricity Act,2003.Therefore the interim petition is rejected.”

4.      The above order clearly shows that notice was issued to the O.Ps to file written version and without waiting for fling written version the presumption that the matter comes under the purview of section 126 of  The Electricity Act,2003 is a pre judged statement. Therefore, the impugned order is set aside by remitting the matter to the learned District Commission,Bolangir for denovo hearing on interim petition. The learned District Commission would give opportunity of being heard to both parties. Therefore, we direct the learned District Commission to pass speaking order within a period of 30 days after receipt of this order. The petitioner is directed to appear before the learned District Commission on 12.04.2023 to take further instruction  from it.

5.      The revision petition is disposed of accordingly.