Telangana High Court
WP/24491/2004 of Sarisolla Nagaraju, Vs The Chairman AND Managing Director, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24491 of 2004 Between: Sarisolla Nagaraju, Owner of M/s. Venkata Ganesh Rice
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 24491 of 2004
Between:
Sarisolla Nagaraju, Owner of M/s. Venkata Ganesh Rice & Floor Mill,Lakshmipuram Village, Chodavaram Mandal,Visakhapatnam District.
..... PETITIONER
AND
1 The Chairman & Managing Director, AP Transco, Vidyut Soudha, Hyderabad.2 The Superintending Engineer, Assessments, APEPDCL, Dabagardens, NearLeela Mahal, Visakhapatnam.
3 The Asst. Divisional Engineer, Operation, Chodavaram, Visakhapatnam.
4 The Divisional Engineer, APEPEPDC Ltd., O/o. the Divisional Engineer, Operations, Anakapalli, Visakhapatnam District.
5 The Asst. Divisional Engineer, DPE -II, O/o. the Asst. Divisional Engineer, APEPDC Ltd., Anakapalli, Visakhapatnam District.
6 The Addl. Accounts Officer, (E.RO.), O/o. the Asst. Accounts Officer, APEPDC
Ltd., Anakapalli, Visakhapatnam District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ of mandamus or order or any direction more or any other appropriate writof direction, declaring the provisional Assessment Notice dated 14-10-2004 issuedby the 3rd respondent vide letter No. ADE/O/COM/E/D.No.1504/04 in case No.VSP/011/00161/04 confirmed by the second respondent in his Proceedings dt. 8-11-2004, vide letter No. SE/A/VSP/ANK/DCDV/Pf 1803/D.No. 2553 in spite ofpetitioner’s representation dt. 6-12-2004 is illegal, arbitrary, unjust, improper,untenable, unsustainable in law by suspend the same as is opposed to theprinciples of natural justice.
Counsel for the Petitioner:MR.E.S.RAMACHANDRA MURTHY
Counsel for the Respondents: Mr.V.Ravindra Kumar The Court at the stage of admission made the following ORDER:
The petitioner is the owner of a rice mill and is extended the power supply by therespondents. He was issued a letter dated 15-10-2004, wherein it was alleged thatthe petitioner has resorted to the acts of pilferage and the power so pilfered is valuedat Rs.92,403/-. The petitioner was required to pay a sum of Rs.46,201/-, in case hewants the continuance of power supply. The petitioner challenges the same.
Heard learned counsel for the petitioner and learned standing counsel for therespondents.
The letter dated 15-10-2004 was issued to the petitioner in the form of an order ofprovisional assessment. The letter itself indicates that an enquiry would be held inthe matter. The petitioner is said to have been issued a show cause notice and anorder of final assessment needs to be passed after considering the explanationoffered by the petitioner. Till such an order is passed, the petitioner cannot befastened with any liability.
In Writ Appeal Nos.452 and 477 of 2004, a Division Bench of this Court held that aconsumer cannot be fastened with any liability unless an order of final assessmentis passed.
In that view of the matter, the writ petition is allowed and the impugned letter dated15-10-2004 so far as it requires the petitioner to pay a sum of Rs.46,201/- is setaside. The petitioner shall be supplied with the power, without insisting on paymentof the said amount. The petitioner shall, however, be liable to pay the regularconsumption charges. No order as to costs.
______________
29-12-2004
Note: Issue C.C. by two days
(B/o)
kdl
To
1 The Chairman & Managing Director, AP Transco, Vidyut Soudha, Hyderabad.2 The Superintending Engineer, Assessments, APEPDCL, Dabagardens, NearLeela Mahal, Visakhapatnam. 2 The Superintending Engineer, Assessments, APEPDCL, Dabagardens, NearLeela Mahal, Visakhapatnam.
3 The Asst. Divisional Engineer, Operation, Chodavaram, Visakhapatnam.
4 The Divisional Engineer, APEPEPDC Ltd., O/o. the Divisional Engineer,Operations, Anakapalli, Visakhapatnam District. Operations, Anakapalli, Visakhapatnam District.
5 The Asst. Divisional Engineer, DPE -II, O/o. the Asst. Divisional Engineer,APEPDC Ltd., Anakapalli, Visakhapatnam District. APEPDC Ltd., Anakapalli, Visakhapatnam District.
6 The Addl. Accounts Officer, (E.RO.), O/o. the Asst. Accounts Officer, APEPDCLtd., Anakapalli, Visakhapatnam District.Ltd., Anakapalli, Visakhapatnam District.
7 Two CD copies.