M/S. Vsn Commercials Private Limited v. Southern Power Distribution Company Of T.S. Limited,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.16250 OF 2019 ORDER:

This writ petition is filed challenging the order dated 19-01-2019 wherein and whereby petitioner was asked to pay Rs.3,66,117/- on account of short-billing with regard to electricity connection bearing SC.No.BZ088261. Learned counsel for the petitioner submits that though the petitioner was issued show-cause notice and petitioner filed explanation, without considering the same, the impugned order is passed. He also submits that the impugned order is without reasons, which is in violation of principles of natural justice.

Heard Sri R.Vinod Reddy, learned Standing counsel appearing for respondents.

In this case it is to be seen that having issued showcause notice respondents have to consider the explanation of the petitioner and pass speaking order, but the same is lacking while passing the impugned order, which is in violation of principles of natural justice. Only on that ground the impugned order is liable to be set aside. In view of the same, without going into the merits of the case, only on the ground of violation of principles of natural justice, the impugned order is set aside and the competent authority is directed to reconsider the matter after considering the explanation of the petitioner and after issuing

notice to the petitioner. Till the matter is considered and decision is taken by the competent authority, respondent No.3 shall restore electricity connection and maintain the same. However, the petitioner shall pay the regular bills. Accordingly, the writ petition is allowed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 01-08-2019 Note:

Issue CC today.

B/o.

Nvl