M/S. Cannon Industries, v. M/S. Central Power Distribution Company Of Ap Ltd,

HONOURABLE SRI J USTICE CHALLA K ODANDA RAM WRIT PETITION No. 26279 of 2005 ORDER:

A provisional assessment notice was issued to the petitioner on 05.11.2003 alleging certain irregularities with respect to meter and connected load and demanding a sum of Rs.6,72,453/-. When the petitioner challenged the said notice, this Court directed the petitioner to pay the amount in demand in installments. Thereafter, in the appeal preferred by the petitioner, the said demand was reduced to Rs.4,36,498/- and thereafter a final assessment order was issued. Challenging the final assessment order, the present Writ Petition is filed.

The final assessment order is issued after giving an opportunity to the petitioner to submit its explanation with respect to the allegations, namely, (1) that the meter is not flickering as per the connected load, (2) that all the CT secondaries of the meter are shorted by means of taped tin coated copper strips which are inserted from the bottom side of the CT chamber through a created gap; and (3) that the consumption is not commensurate with the connected load and number of working hours. Thus the petitioner has indulged in pilferage of energy by middling with the meter connections. The said allegations were examined with respect to the explanation submitted by the petitioner.

pattern for the previous years, finally reduced the amount to Rs.4,36,498/-. There is no material put forth before this Court by the petitioner to take a different view than the one taken by the appellate authority. In the absence of there being violation of principles of natural justice and also valid and substantial material warranting interference with the findings of the appellate authority, the present Writ Petition merits no consideration. The fact remains that the petitioners has already paid the amount in demand.

For the foregoing discussion, the Writ Petition is closed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

-------------------------------------------- JUSTICE CHALLA KODANDA RAM DATED 24TH October, 2016.

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