THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.31213 of 2014 Between:
Dated 18th October, 2014 M/s.Sree Radha Krishna Alloys Pvt.Ltd., And …Petitioner Southern Power Distribution Company of Andhra Pradesh Ltd., Renigunta Road, Tirupati, rep.by its Managing Director and others …Respondents Counsel for the petitioner: Sri Challa Gunaranjan Counsel for the respondents: Sri O.Manoher Reddy The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in disconnecting power supply of the petitioner’s service connection bearing No.ATP-317 for non-payment of FSA charges for the months of February and March, 2012 as illegal and arbitrary.
On 17.10.2014, Sri O.Manoher Reddy, learned Standing Counsel for APSPDCL, has taken time to get instructions. Today, at the hearing, the learned Standing Counsel submitted that the petitioner is due in a sum of Rs.28,00,000/- towards regular CC charges and that the supply was disconnected due to non-payment of said charges and not because of non-payment of FSA charges.
Sri Challa Gunaranjan, learned counsel for the petitioner, submitted that his client is not in arrears of regular CC charges.
A perusal of the affidavit filed in support of the writ petition shows that the premise on which the writ petition is filed is that the supply was disconnected for non-payment of FSA charges. As this premise has turned out to be incorrect, no relief as claimed in this writ petition can be granted. However, if the petitioner is questioning the stand of the respondents that it is not liable to pay the CC charges of Rs.28,00,000/-, it shall be free to avail appropriate remedy.
Subject to the liberty given as above, the writ petition is dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.39013 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 18th October, 2014
VGB