M/S Rainbow Industries v. The Southern Power Distribution Company Of Telangana Ltd., M

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No. 6154 OF 2017 ORDER:

The writ petition is filed for the following relief; "...to issue a Writ, one in the nature of a Writ of Mandamus declaring the action of the respondents in re-categorizing the petitioner's service connection from LT III(A-1) to LT II that is from industrial to commercial without issuing any notice and further issuing a provisional assessment vide Lr.No.ADE/OP/B PALLY/D.No.2027, dated 20.01.2017 and Lr.No.ADE/OP/B PALLY/D.No.2028, dated 20.01.2017 for back billing purported to be on account of wrong categorization, as arbitrary, illegal and contrary to the terms of General Terms and Conditions of Supply, provisions of Electricity Act, 2003 besides in violation of principles of Natural Justice and violation of petitioner's rights guaranteed under Art.14 & 19(1) (g) of the Constitution of India and consequently setaside the provisional assessment, dated 20.01.2017, issued by the 3rd respondent." Heard learned counsel for the petitioner and Sri R. Vinod Reddy for the respondents.

It is submitted by the learned counsel for the petitioner that expressing the difficulties of the petitioner, the petitioner submitted representation, dated 04.02.2017, to the respondents, but no action has been taken so far. On the other hand, it is submitted by the learned Standing counsel that appropriate action will be taken by the respondents in accordance with law. In view of the above submissions, the writ petition is disposed of, without expressing any opinion on the merits of the matter, directing respondent Nos.2 and 3 to take action on the representation, dated 04.02.2017, said to have been submitted by the petitioner, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Pending consideration of the said representation, the respondents shall not take any coercive action. Miscellaneous petitions, if any, shall also stand disposed of. No order as to costs.

_____________________ A.V. SESHA SAI, J Date: 22.02.2017 ES