HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.10290 of 2009
Date: July 22, 2014
Between:
U.Lakshmi Tulasi … Petitioner And
1. Southern Power Distribution Company of A.P. Limited, Operation Circle, Vijayawada & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.10290 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 challenging the action of the respondents in disconnecting the electrical service connection Nos.3825 and 3824 of the petitioner residential house door No.60-7- 8, 4th Lane, Siddartha Nagar, Vijayawada, for recovery of arrears of dues from one Kumar Raja Pet Preforms Private Limited.
3. The petitioner states that the said company was incorporated on 18.09.1998 under the Companies Act, 1956, and it obtained service connection No.133 in the year 1999. Thereafter, the company sustained heavy loss and it was closed. The service connection of the said company was disconnected on 31.08.2002. Instead of proceeding against the company having arrears, the first respondent issued letter dated 03.07.2008 for recovery of arrears from the petitioner. In spite of the petitioner submitting explanation on 27.03.2009, the respondents threatened to disconnect the service connection of the petitioner bearing S.C.Nos.3825 and 3824 to door No.60-7-8. Challenging the same, the present writ petition was filed.
4. A counter-affidavit is filed by the 2nd respondent stating that the husband of the petitioner filed W.P.No.9984 of 2005 challenging the action of the respondent in issuing notice dated 04.03.2005 where arrears of the company was sought to be recovered from the husband of the petitioner by threatening to disconnect the service connection Nos.112 and 88 of the property situated at Inampudi Village exclusively belonging to him. The said writ petition was disposed of at the admission stage on 22.12.2005 recording the submission of the counsel for the petitioner therein that he would pursue the matter with the Directors of the company, if some time is granted and he would pay the amount. The husband of the petitioner failed to pay the said amount. Thereafter the two service connections of the husband of the petitioner were disconnected. However, the amount due to the respondent company was not realized and the writ petitioner is one of the Directors of the said company. As per the provisions of Section 56 (1) of the Electricity Act, 2003, the respondents are empowered to disconnect power supply and the petitioner being a Director of the company, is liable to pay the arrears of the company.
5. The learned counsel for the petitioner relied on a decision of this Court in Dr. J. Ramachandra Rao V . A.P. Eastern Power [1] Distribution Co., Ltd., Eluru , wherein it is held that arrears of company cannot be collected from the individual treating him as person and consumer under Section 2 (c) of Act 1910 or Condition No.2.5 of Electricity Supply Conditions. The respondents are entitled to disconnect the service connection of company under Section 24. The learned counsel for the respondents submits that the said decision is squarely applicable to the instant case also.
6. In view of the same, the writ petition is allowed directing the respondents not to disconnect the electricity service connection Nos.3825 and 3824 of the petitioner’s residential house bearing No.60-7-8, 4th Lane, Siddartha Nagar, Vijayawada, for recovery of arrears of dues from Kumar Raja Pet Preforms.
7. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: July 22, 2014 BSB
16 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.10290 of 2009
Date: July 22, 2014
BSB
[1] 2008 (6) ALD 404