M/S. Pvr Rice Industries v. A.P. Southern Power Distribution Company Ltd.

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.12071 of 2009 ORDER:

Heard Sri K.Ramamohan Mahadeva, Learned Counsel for the petitioner and Sri N.Siva Reddy, Learned Standing Counsel for the respondents.

The grievance of the petitioner is that, without either putting her on notice or giving her an opportunity of being heard, the 2nd respondent had issued proceedings dated 13.06.2009 disconnecting the power supply for non-payment of electricity dues, and towards compounding fee, for a total sum of Rs.3,15,000/-. Pursuant to an interim order passed in WPMP No.15568 of 2009 dated 22.06.2009 the power supply was restored to the petitioner on payment of Rs.32,650/- towards the impugned demand.

Sri K.Ramamohan Mahadeva, Learned Counsel for the petitioner, would submit that, since the petitioner was not put on notice, the action of the respondents in raising a demand for a huge sum of Rs.3,15,000/- is illegal.

Sri N.Siva Reddy, Learned Standing Counsel for the respondents, would submit that the petitioner would be put on notice, and would be given an opportunity of being heard; and, thereafter, a fresh demand would be raised against them in accordance with law.

In the light of the submission of the Learned Standing Counsel for the respondents, the Writ Petition is disposed of directing the respondents not to disconnect the power supply without putting the petitioner on notice and without giving them an opportunity of being heard, and thereafter passing an order afresh in accordance with law.

The Writ Petition is, accordingly, disposed of.

The Miscellaneous Petitions pending, if any, shall also stand disposed of. No order as to costs.

_________________________________ RAMESH RANGANATHAN, ACJ.

Date:18.08.2017.

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