Telangana High Court
WP/6778/2000 of B.LAKSHMI NARAYABNA KURNOOL Vs CHIEF ENG.AP TRANSCO CUDDAPAH AND 3 on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO WRIT PETITION NO: 6778 of 2000 Between: B.Lakshmi Narayana S/o B. Pedda Hanumanthu, R/o R.S. Rangapuram
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE B.PRAKASH RAO
WRIT PETITION NO: 6778 of 2000
Between:
B.Lakshmi Narayana S/o B. Pedda Hanumanthu, R/o R.S. Rangapuram village, Bethamcherla Mandal, Kurnool District.
….. PETITIONER
AND
1. The Chief Engineer, Electricity,
A.P.Transco, Cuddapah Zone, Cuddapah District.
2. The Superintending Engineer(Assessments), A.P. Transco, Cuddapah.
3. The Assistant Divisional Engineer (Operations)
A.P.Transco, Dhone, Kurnool District.
4. The Assistant Accounts Officer (ERO), A.P.Transco, Dhone, Kurnool District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court may be pleasedto issue a Writ, Order or Direction more particularly one in the nature ofwrit ofMandamus declasring the order of the first respondent issued in proceedings videLR.No.CE/C2/CDP/C&P/221/A.7-2000-KNL/D.No.1057/2000 dated 29-02-2000 confirming the order of the second respondent vide proceedingsNo.SE/A/CDP/FAO/D.NE/KNL/F.20/99-2000/D.No.798 dated 11-01-2000 includingthe demand issued towards assessment as illegal, arbitrary and violative of Articles14 and 21 of the Constitution of India and consequently direct the respondents toforbear from enforcing the said demand and set aside the same.
Counsel for the Petitioner: MR.C.V.NAGARJUNA REDDYCounsel for the Respondents: SMT.M.VINOBHA DEVI
The Court made the following:
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ORDER:
The petitioner, who is running a Small Scale Stone Polishing Unit files this writpetition seeking to assail the impugned orders of the first respondent dated 29-02-2000, confirming the order of the second respondent dated 11-01-2000, in regard tothe assessment made on certain allegations found against the petitioner duringinspection.
2. In this case, during the inspection made on 12-08-1999, it was found that the viewglass of the meter box was missing. Thereupon, after following the procedure andafter giving opportunity to the petitioner and considering his explanation, initialassessment was made at Rs.6,69,634/-, provisionally. Thereafter when final assessment was made, it wasbrought down to Rs.2,00,495/-, which was also confirmed in the appeal. Hence, thewrit petition.
3. Though several contentions have sought to be raised across the bar by bothsides, even in regard to the correctness of the findings arrived at, however, by takinginto consideration the fact that both the authorities concurrently held that thepetitioner is responsible for such acts of meddling with the Meter, which resulted intheft of energy amounting to pilferage, which is a serious violation; however, havingtaken into consideration the petitioner’s explanation, ultimately the amount wasreduced drastically.
4. In the circumstances, it cannot be said that there is any illegality in regard to thefindings held against the petitioner. However, by taking into consideration the factthat the inspection was made as long as on 12-08-1999 and on the facts and circumstances, it cannot be said that the final assessment arrived at is on reasonable side. Therefore, the amount of Rs.2, 00,495/-is reduced to 10%. After such reduction, the amount comes to Rs.1, 80,445-50 Ps.
The writ petition is accordingly allowed in part. No costs.
Dt.30-12-2004Glv/Chvn
__________________B. PRAKASH RAO, J
That Rule Nisi has been made absolute as above.
Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on Thursday the Thirtiethday of December,2004.
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
Copy to:
1. The Chief Engineer, Electricity,A.P.Transco, Cuddapah Zone, Cuddapah District.A.P.Transco, Cuddapah Zone, Cuddapah District.
2. The Superintending Engineer(Assessments), A.P. Transco, Cuddapah.
3. The Assistant Divisional Engineer (Operations)
A.P.Transco, Dhone, Kurnool District.
Conclusion
4. The Assistant Accounts Officer (ERO), A.P.Transco, Dhone, Kurnool District.
5. Two C.D. Copies.