Apseb Private Accounting Agencies Welfare Association v. State Of Ap
IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 24156 of 2015 BETWEEN APSEB Private Accounting agencies welfare Association, Hyderabad, rep. by its Secretary Sri B.Hari Babu
...Petitioner
And State of AP, rep. by its Prl.Secretary, Energy Department, AP Secretariat, Hyderabad And ors.
...Respondents.
DATE OF JUDGMENT PRONOUNCED: 04.08.2015.
SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO
1. Whether reports of Local newspapers may be allowed to see the judgments? YES
2. Whether the copies of judgments may be marked to Law Reporters/Journals. NO
3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment ? NO.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24156 of 2015 ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for respondents 2 and 3.
The petitioner herein is an Accounting Agencies Welfare Association registered with the District Registrar of societies under the A.P. Societies Registration Act, 2001. The members of the petitioner-association were entrusted with maintenance of Consumer Records (ERO-records) billing work relating to L.T. consumers from 1986-87 onwards. Even after formation of four DISCOMS, the same system is being continued. The Andhra Pradesh Southern Power Distribution Company Limited (APSPDCL) has eight circles in eight districts and the members of the petitioner-association are called as the Private Accounting Agencies.
The respondent-company entered into agreement with each member of the petitionerassociation in the year 2012 initially for a period of three months to utilize their services and thereafter the said agreement has been continued from time to time and lastly the same was extended up to 31.3.2015. While so, the Superintending Engineer, Operation Circles, issued a circular dated 7.7.2015 to one of the members of the petitioner-association stating that APSPDCL issued orders to take up accounting work in the ERO's/SERO's with the internal resources with effect from 1.8.2015 and thereby the members of the petitioner-association were directed to handover all the relevant records, data,
material etc., to the AAO/ERO on 31.7.2015 in full shape. The said circular was received by the members of the petitionerassociation on 15.7.2015. Challenging the same the present Writ Petition is filed.
The learned Counsel for the petitioner-association submits that as per the agreement one month prior notice has to be given to the members of the petitioner-association and that no such prior notice was issued and all of sudden orders of termination are communicated.
From a perusal of the averments made in the writ affidavit, it is to be seen that original agreement expired long back and thereafter though the said agreement was renewed from time to time, such renewal also came to an end on 31.3.2015. Now the respondents want to take up accounting work on their own and accordingly ordered for dispensing with the services of the petitioner-association. In the circumstances, the petitioner-association cannot raise any grievance while urging technicalities of non issuance of one month prior notice in the absence of valid work order/license in their favour as on today.
Further, the present Writ Petition is filed by an Association without disclosing particulars of the members and/or registration except stating that it was registered with the Registrar of Societies under the provisions of the AP Societies Registration Act, 2001.
For the foregoing discussion, the Writ Petition is liable to be dismissed and the same is accordingly dismissed.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
--------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 4th August, 2015.
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