HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.12431 of 2009
Date: April 16, 2014
Between:
Dudekula Mahaboob.
… Petitioner And
1. The A.P.C.P.D.C.L., rep. by its Divisional Engineer, Assessment-II, Hyderabad & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.12431 of 2009
O R D E R:
Heard learned counsel for the petitioner and learned standing counsel for the respondents.
2. This writ petition was filed against the show cause notice dated 27.07.2002 issued by the first respondent pursuant to the Provisional Assessment Notice dated 03.05.2002 issued by the 2nd respondent.
3. This Court, by order dated 25.06.2009, directed the respondents to restore power supply to Service Connection No.62107 in respect of premises bearing No.1-65/A, A. Narayanapuram Village, Anantapuram Rural Mandal and District, on payment of Rs.7,000/-.
4. The respondents filed a counter-affidavit along with a petition to vacate the said order stating that the petitioner pilfered energy and the amount was assessed at Rs.22,447/- and a provisional notice was issued. The petitioner submitted objections to the said notice to the Superintending Engineer who passed an order dated 16.12.2003 holding the value of misused energy at Rs.13,866/-. The said order was served on the petitioner in the month of December 2003 itself and the petitioner did not choose to file any appeal. But, the learned counsel for the petitioner states that copy of the said final assessment order was not served on the petitioner and if the same is served, the petitioner would take necessary steps in accordance with law.
5. In the circumstances, the writ petition is disposed of directing the respondents to serve a copy of the order No.DEA II/HYD/DAT 4056/D.No.4596 dated 16.12.2003, to the petitioner and the petitioner is entitled to take appropriate proceedings in accordance with law within a period of three months from the date of service of the said order on the petitioner. The amount paid by the petitioner would be subject to further proceedings taken by the petitioner. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 16, 2014 BSB
51 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.12431 of 2009
Date: April 16, 2014
BSB