M/S. K.V.K.M. Industries v. Eastern Power Distribution

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] TUESDAY THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND SIXTEEN PRESENT Between:

M/s. KVKM Industries, A Proprietorship concern at Atchannapalem, Nallajerla Mandal, West Godavari district Rep.by its Proprietor, K.Ganga Raju ... Petitioner V/s.

Eastern Power Distribution Company of Andhra Pradesh Limited, Visakhapatnam, Rep.by its Chairman & Managing Director & Ors. ... Respondents Counsel for the Petitioner : Sri S.Sudeep Reddy Counsel for the Respondents: Sri O.Manohar Reddy Sri P.Anand Seshu

The Court made the following: [order follows] O R D E R :

Heard Sri S.Sudeep Reddy for petitioner and Sri M.Ravindra for respondents.

2. The petitioner prays for the following relief : Issue a writ of mandamus or any other appropriate writ or writs, order or direction declaring the proceedings dated 5/3/2008 in Lr.No.

AAO/ERO/TPG/JAO.IV/BSI/D.No.531/09 on the file of fourth respondent and the impugned proceedings dated 26/10/2009 in Lr.No.

CGM/O&CS/EPDCL/VSP/GM/OI/DE/O&M/D.No.5056/09 on the file of fifth respondent as illegal, arbitrary, without jurisdiction and violative of Article 14 and 19 (1) (g) of Constitution of India.

3. On 16/11/2010, this Court granted interim direction to restore power supply to petitioner subject to petitioner paying the current consumption charges regularly.

4. The impugned demand relates to alleged arrears payable by the petitioner. Learned counsel appearing for the parties at the time of hearing brought to my notice the order dated 27/1/2015 in WP.No. 24573 of 2007 and pray for disposing of the present writ

petition in the same terms and conditions.

5. The impugned proceedings are set aside, matter is remanded to fifth respondent for consideration and disposal in accordance with law. It is needless to observe that the petitioner on 6/2/2010 has already made representation voicing his grievance against the recovery of arrears challenged in the writ petition and the fifth respondent it is ecpected considers the objections raised in the representation and passes appropriate orders.

6. Wit Petition ordered as indicated above. No order as to costs.

7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

__________________ JUSTICE S.V. BHATT 15/03/2016 I s L

Date: 15/03/2016 Circulation No.

Court Master: I s L