HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40400 of 2014 Date:29.12.2014 Between:
M/s The K.C.P. Ltd., Muketeswarapuram Village, reptd by its Executive Director- Kavitha D.Chitturi . Petitioner And:
The A.P. Southern Power Distribution Company Limited, reptd by the Chairman and Managing Director, Hyderabad and two others.
. Respondents Counsel for the Petitioner: Sri Challa Gunaranjan Counsel for the Respondents: Sri P.Vinod Kumar The Court made the following:
ORDER:
This Writ Petition is filed with the grievance that having waived the late payment surcharge of Rs.36,42,903/-, vide Lr.No.SE/O/VJA/SAO/JAO/HT/R2/A3/D.No.1362/14, dated 22.08.2014, of respondent No.3, a sum of Rs.9,27,385/- has been demanded out of the said waived amount by respondent No.2 through his letter, vide Lr.No.SE/O/VJA/SAO/JAO /HT/R2/A3/D.No.1988/14, dated 18.11.2014.
After hearing, Sri Challa Gunaranjan, learned counsel for the petitioner, I am of the opinion that the petitioner ought to have availed the remedies available to it under Section 42(5) and (6) of the Electricity Act, 2003 before approaching this Court.
In this view of the matter, I do not find any reason to entertain the Writ Petition at this stage.
Accordingly, the Writ Petition is dismissed with liberty to the petitioner to avail the remedies referred to above.
To facilitate the petitioner to avail the said remedies, the disconnection of power supply is stayed, for non- payment of the above-mentioned amount, for a period of three weeks.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.50656 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
29th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY