Telangana High Court

WP/25229/2004 of Softy Ice Cream, Proprietor Mohd.Ashfaq Quadeer, Vs Chief General Manager/Commercial, on 31 December 2004

HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25229 of 2004 Between: Softy Ice Cream Proprietor Mohd. Ashfaq Quadeer,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 25229 of 2004

Between:

Softy Ice Cream

Proprietor Mohd. Ashfaq Quadeer,

S/o.M.A.Quadeer, aged about 22 years,

Occ: Business, R/o.H.No.5-9-112 to 117,

Ground Floor, 21[st] Century Commercial Complex, Nampally, Hyderabad.

AND

..... PETITIONER

1. Chief General Manager/Commercial,APCPDCL, III Floor, Singareni Bhavan,Red Hills, Hyderabad.

2. Superintending Engineer,Assessment/APCPDCL, A.P.State Housing Corporation Building, Urdu Hall Line, H.No.3-6-184, IV Floor, St.No.17, Himayathnagar, Hyderabad-29.

3. Divisional Engineer/Assessment/1/APCPDCL, Office at A.P.State Housing Corporation Building, 4[th] Floor, Street No.17, Urdu Hall Galli, Himayatnagar, Hyderabad-029.

4. Inspecting Officer,

ADE/DPE-I/Hyderabad City-1,

Officer at A.P State Housing Corporation Building, Urdu Hall Lane, House No.3-6-184, 4[th] Floor, Street No.17, Himayathnagar, Hyderabad-29.

.....RESPONDENTS

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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 writ, order or direction more particularly one in the nature of writ of Mandamusdeclaring that the impugned order Lr.No.CGM (Coml)/SE©/DE©/ADE-2/D, Bi,2573/04, dated:3-12-2004 passed by the Respondent No.1, confirming inProceeding No.SAP/2842 of June, 2004, dated 16-6-2004 confirming the finalassessment dated: 6-5-2004 as illegal, improper, arbitrary and in violation of theElectricity Act and principles of natural justice and fair play.

Counsel for the Petitioner: MR.ALI FAROOQUE

Counsel for the Respondents: MR.KANAKAMEDALA RAVINDRA KUMAR

The Court at the admission stage made the following :

ORDER:

The petitioner was issued an order of final assessment, dated 16.06.2004,whereunder the petitioner was required to pay a sum of Rs.60,225/-, towards thecost of power said to have been pilfered. The petitioner preferred an appeal beforethe appellate authority/second respondent herein. The appellate authority hasinsisted upon payment of half of the amount covered by the order of finalassessment, as a condition precedent for entertaining the appeal. The same ischallenged in this writ petition.

Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner availed the remedy of appeal against the order of final assessment under the terms and conditions of supply. Any consumer, who intends to avail theremedy of appeal, has to deposit half of the amount covered by the order of finalassessment. The petitioner expressed its difficulty in complying with the condition. Itis represented that it has already paid a sum of Rs.12,748/- to ensure continuance ofpower supply at the stage of passing of final assessment order.

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Hence, the writ petition is disposed of, directing that the respondents shall restoreand continue the power supply to the petitioner, on condition that it deposits a furthersum of Rs.17,500/- (Rupees seventeen thousand five hundred only), within a periodof two weeks from today. It is also under an obligation to pay the regularconsumption charges. There shall be no order as to costs.

Note: Issue wire at party’s costs.

(B/o)

31.12.2004

__________

Jsu

1. Chief General Manager/Commercial,APCPDCL, III Floor, Singareni Bhavan,Red Hills, Hyderabad.

2. Superintending Engineer,Assessment/APCPDCL, A.P.State Housing Corporation Building,Urdu Hall Line, H.No.3-6-184, IV Floor,St.No.17, Himayathnagar, Hyderabad-29.

3. Divisional Engineer/Assessment/1/APCPDCL,Office at A.P.State Housing Corporation Building,4[th] Floor, Street No.17, Urdu Hall Galli, Himayatnagar, Hyderabad-029.

4. Inspecting Officer,

ADE/DPE-I/Hyderabad City-1,Officer at A.P State Housing Corporation Building,Urdu Hall Lane, House No.3-6-184, 4[th] Floor,Street No.17, Himayathnagar, Hyderabad-29.

5. 2CD copies

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