HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 20595 OF 2007 DATED 2nd December, 2014.
BETWEEN Smt. Chandala Praseeda Devi ….Petitioner And The Divisional Engineer, Operation, A.P.E.P.D.C.L., Kakinada, EG District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 20595 OF 2007
ORDER:
Heard learned Counsel for the petitioner and learned Standing counsel for the respondents.
The petitioner is the owner of premises bearing No. 70- 14-16/3, situated at Jayendra Nagar, Godarigunta, Kakinada. It is a residential premises. The said premises was let out to a lessee. While so, the second respondent issued notice dated 14.09.2007 demanding an amount of Rs.2,87,257/-. A perusal of the said notice reveals that the second respondent inspected the said premises on 12.09.2007 and found that the electricity was being used for the purpose other than the sanctioned purpose. A provisional assessment notice was issued calculating an amount of Rs.5,04,277.60Ps by deducting a sum of Rs,.2,17,170.50Ps the amount paid for previous year and finally assessed to Rs.2,87,257.10Ps. Since the petitioner was given an opportunity to file his objections, the same were filed on 22.09.2007 and as on today no final order was passed.
This Court by order dated 28.09.2007 suspended the operation of proceedings dated 14.09.2007 subject to the condition of the petitioner depositing Rs.1,00,000/- and the said order has been subsisting till today.
In the circumstances, this Writ Petition is disposed of directing the respondents to pass final order pursuant to the objections filed by the petitioner on 22.09.2007. The petitioner is given liberty to file additional objections if any within three months from the date of receipt of a copy of this order. The petitioner is also at liberty to take out appropriate proceedings as when the respondents passed final orders, if so advised.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 2nd December, 2014. Msnrx