M/S. Udaya Bhaskara Ice Factory v. The Divisional Engineer, Operation, A.P.E.P.D.C.L.

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.29171 of 2015 ORDER:

The petitioner is an Ice Factory situated in Akiveedu, West Godavari District. It has got service connection under category III with No.9149. The service connection was inspected on 07.06.2014 and certain incriminating points were observed. Based on the same, an assessment notice for short billing was issued on 30.09.2014 for an amount of Rs.16,46,019/- towards electricity duty charges @ Rs.0.06 ps from 07.12.2013 to 25.08.2014. Against the said notice, the petitioner preferred an appeal to the first respondent on 27.11.2014 itself. When the respondents 2 and 3 are threatening disconnection during pendency of the appeal before the first respondent, the present writ petition is filed. In view of the pendency of the matter before the first respondent, this Court is not inclined to entertain the present writ petition.

Since the appeal is preferred against the order passed by the second respondent, the first respondent is directed to consider the appeal and dispose of the same within three (3) months from the date of receipt of a copy of this order. Till such time, no coercive steps shall be taken by the second respondent. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 22.09.2015 MVA

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.29171 of 2015 Date: 22.09.2015

MVA