Ketharaju Sri Anjaneyulu v. The Southern Power Distribution Company Of A.P. Ltd.,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.38147 OF 2012 Date:22.11.2018 Between:

Ketharaju Sri Anjaneyulu, S/o. Satyam, Aged 50 years, Occ: Agriculture, R/o. Chandrupatla Village, Vissannapeta Mandal, Krishna District .. Petitioner And The Souther Power Distribution Company Of A.P. Limited, rep., by its Assistant Divisional Engineer, Vissannapet, Krishna District .. Respondent The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.38147 OF 2012 ORDER:

Heard.

2.

Alleging that the petitioner was using the electricity for non-agricultural purpose, proceedings dated 16.11.2012, were issued against him.

3.

This Court, by order dated 11.12.2012, granted interim stay as prayed for.

4.

No counter affidavit is filed by the respondents. 5.

It is contended by learned counsel for petitioner that the said proceedings were issued without notice and opportunity to the petitioner.

6.

Prima facie, a reading of the proceedings would show that no notice or opportunity was given to the petitioner before taking such penal action against the petitioner.

7.

Hence, the proceedings are set aside and the Writ Petition is allowed. However, it is open to the respondents to take appropriate action in accordance with law. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.11.2018 KH