HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 435 of 2010 DATED 5th DECEMBER, 2014.
BETWEEN Varun Motors Pvt. Ltd, Niaambad, rep. by its Director R.C.Raju ….Petitioner And Northern Power Distribution Company of AP Ltd., Rep. by its Chairman and Managing Director, Warangal and anr.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 435 of 201 ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is a private limited company and is engaged in the business of sale and service of motor vehicles. It has obtained an electricity service connection from the respondents with S.C. No.01883 for its work shop. Since the work shop of the petitioner was registered as an SSI Unit, it was categorized as Category-III under L.T. tariffs by the respondents. While so, the third respondent inspected the work shop of the petitioner on 16.11.2009 and issued a provisional assessment order on 17.11.2009 stating that the work shop should be categorized under Category-II of L.T. tariffs instead of Category-III and thereby proposed for back billing for an amount of Rs.2,47,437/-. The petitioner submitted a representation on 22.11.2009, however, no final orders have been passed. Notwithstanding the same, the respondents raised bill dated 18.12.2009 categorizing the service connection of the petitioner to Category-II instead of Category-III. Challenging the same, the present Writ Petition was filed.
The petitioner has been contesting the change of category. A provisional assessment notice dated 17.11.2009 was issued to the petitioner. Pursuant to the same, the petitioner submitted representation on 22.11.2009 and 28.12.2009. However, no final orders have been passed pursuant to the provisional assessment order. Even then the respondents unilaterally categorized the service connection of the petitioner under Category-II instead of Category-III.
This Court by order dated 21.01.2010 directed the respondents to restore the power supply subject to the condition of the petitioner depositing Rs.60,000/-.
In view of the change of the category unilaterally and in view of non passing of final orders, the Writ Petition need not be kept pending. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to consider the representations dated 22.11.2009 and 28.12.2009 submitted by the petitioner pursuant to the provisional assessment order dated 17.11.2009 and pass final orders thereon within a period of three months from the date of receipt of a copy of this order. Depending on the out come of the final orders, billing be done in respect of the service connection of the petitioner. If the petitioner is aggrieved by the final orders to be passed as stated above, liberty is kept open to it (the petitioner) to take out appropriate proceedings in accordance with law. Needless to observe that if the petitioner pays current consumption charges regularly, its service connection shall not be disconnected.
Subject to the above direction, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWAR ARAO Dated 5th December, 2014. Msnrx