THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.39918 of 2014 Dated: 26.12.2014 Between:
M.A.Waheed.
.. Petitioner and Telangana State Southern Power Distribution Company Limited, Rep. by its Chairman and Managing Director, Corporate office, Mint Compound, Hyderabad, State of Telangana, and others.
.. Respondents Counsel for the petitioner: Mr. M.Narsimloo Counsel for the respondents : Mr. S.V.Ramana (SC for TSSPDCL) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondent No.5 in disconnecting AGL Service Connection No.821000339 without prior notice, as illegal and arbitrary. The petitioner sought for a direction to the respondents to restore power supply by collecting 25% of the provisional assessment amount.
On inspection of the petitioner’s service, proceedings were issued on 05.01.2011 by respondent No.5, provisionally assessing a sum of Rs.1,65,795/- as the value of back billing. Since then the said proceeding is stated to have been pending. The immediate cause of action for the petitioner to file this writ petition is disconnection of power supply to his service connection on the ground of non-payment of 50% of the provisional assessment amount.
Mr.M.Narsimloo, learned counsel for the petitioner, submitted that his client has already paid Rs.10,000/- as part of back billing amount and that as the enquiry into the petitioner’s liability needs to be held and final assessment order is required to be passed, the respondents may be directed to restore the power supply on the petitioner paying the balance amount to make 25% of the provisional assessment amount.
After hearing the learned counsel for both parties, I am of the opinion that it is appropriate that the petitioner pays 50% of the provisional assessment amount demanded in the assessment notice, which was issued about four years back.
Accordingly, the respondents are directed to restore power supply to the petitioner’s service connection as and when the petitioner pays 50% of the provisional assessment amount. If the petitioner has already paid a sum of Rs.10,000/- as claimed by him, the same shall be given credit to while calculating the said amount. Further, the power supply so restored shall not be disconnected for non-payment of balance 50% amount, pending passing of final assessment order. On receipt of the amount from the petitioner and restoration of power supply, proceedings for passing a final assessment order shall be initiated by respondent No.3, if the same has not already been done, and the final assessment order shall be passed expeditiously.
Subject to the above directions, the writ petition is disposed of.
As a sequel, W.P.M.P.No.50055 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 26.12.2014 v v