Sai Teja Powder Coatings v. The Southern Power Distribution Company Of

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No. 6158 OF 2017 ORDER:

The writ petition is filed for the following relief; "...to issue a Writ, one in the nature of a Writ of Mandamus declaring the action of the respondents in re-categorizing the petitioner's service connection from LT III(A-1) to LT II that is from industrial to commercial without issuing any notice and further issuing a provisional assessment vide Lr.No.ADE/OP/BLNG/D.No.2304/16, dated 27.12.2016 for back billing purported to be on account of wrong categorization, as arbitrary, illegal and contrary to the terms of General Terms and Conditions of Supply, provisions of Electricity Act, 2003 besides in violation of principles of Natural Justice and violation of petitioners' rights guaranteed under Art.14 & 19(1)(g) of the Constitution of India and consequently set-aside the provisional assessment, dated 27.12.2016, issued by the 3rd respondent."

Heard learned counsel for the petitioners and Sri R. Vinod Reddy for the respondents.

It is submitted by the learned counsel for the petitioners that expressing the difficulties of the petitioners, the petitioners submitted representation, dated 03.02.2017, to the respondents, but no action has been taken so far. On the other hand, it is submitted by the learned Standing counsel that appropriate action will be taken by the respondents in accordance with law. In view of the above submissions, the writ petition is disposed of, without expressing any opinion on the merits of the matter, directing respondent Nos.2 and 3 to take action on the representation, dated 03.02.2017, said to have been submitted by the petitioners, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Pending consideration of the said representation, the respondents shall not take any coercive action. Miscellaneous petitions, if any, shall also stand disposed of. No order as to costs.

_____________________ A.V. SESHA SAI, J Date: 22.02.2017 ES