HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38189 of 2014 Date:11.12.2014 Between:
M/s Sri Sri Ranganatha Oil Mill, Narpala Village, reptd by its Proprietor- M.Lakshminarayana . Petitioner And:
The A.P. Southern Power Distribution Company Limited, Hyderabad, reptd by its Vice Chairman and Managing Director and two others.
. Respondents Counsel for the Petitioner: Sri G.Venkat Reddy Counsel for the Respondents: Sri O.Manoher Reddy The Court made the following:
ORDER:
This Writ Petition is filed feeling aggrieved by the Assessment notice for short-billing in Lr.No.ADE/R.E/ATP/ F.No.Theft/D.No:/1412/14, dated 23.07.2014, issued by respondent No.3, whereby he has demanded the petitioner to pay a sum of Rs.7,35,627/- for the period from 24.08.2012 to 12.07.2014, on the ground that in view of the changed multiplying factor (MF) from ‘0.5’ (½) to ‘1’, the consumption recorded in the petitioner’s meter for the said period was liable to be multiplied by ‘1’ and that, instead, by mistake, it was multiplied by ‘½’.
The petitioner pleaded that on receipt of the impugned assessment notice, it has filed an appeal before respondent No.2 in September, 2014 and that the same is not being disposed of. Apprehending threat of disconnection for non-payment of the demanded amount, the petitioner filed this Writ Petition.
I have heard Sri G.Venkat Reddy, learned counsel for the petitioner and Sri O.Manoher Reddy, learned Standing Counsel for the respondents.
The main plea on which the petitioner is contesting the short billing demand made by respondent No.3 is that the same was not preceded by a notice and an opportunity of being heard.
In the light of this grievance, I find it appropriate that respondent No.2 issues a notice to the petitioner and afford an opportunity of being heard before taking a decision on the petitioner’s appeal. As the impugned demand was stated to have not been preceded by a notice, it would be in the interests of justice that the same is not enforced till the disposal of the appeal by respondent No.2.
For the above-mentioned reasons, the Writ Petition is disposed of with the direction to respondent No.2 to dispose of the petitioner’s appeal, after giving the petitioner an opportunity of being heard, as expeditiously as possible. Till such disposal, the power supply to the petitioner’s Service Connection shall not be disconnected for non-payment of the demand made, vide Assessment notice for short billing, dated 23.07.2014.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.47790 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
11th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY