Sai Teja Powder Coatings v. The Southern Power Distribution Company Of

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.32106 of 2017 ORDER:

Heard.

2.

With the consent of both parties, the writ petition is disposed of at the admission stage.

3.

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in re-categorizing the petitioner's service connections from LT III (A1) to LT II that is from industrial to commercial and further issuing final assessment order vide order dated 21.02.2017, 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.

4.

Learned counsel for the petitioner submits that the issue involved in the present writ petition is identical to the issue involved in W.P.No.29126 of 2017, wherein this Court vide order dated 30.08.2017, passed the following order: " .......

In view of the above, the writ petition is disposed of with the consent of the counsel for the petitioner as well as counsel for the respondents by remanding the matter to the Consumer Grievances Redressal Forum of the respondents. It is open to the

petitioner to submit its grievance in writing to the forum to the final assessment order issued by the respondents raising all pleas including the violation procedural requirements based on its activity within a period of thirty (30) days from the date of receipt of a copy of this order and on receipt of such complaint, it is open to the respondents to submit their defence before the concerned forum and after hearing parties, the concerned forum shall dispose of the same in accordance with law within a period of three months, after submission of defence by the respondents. It is needless to observe that the payment of amount by the petitioner during the pendency of the proceedings before the concerned Consumer Grievances Redressal Forum shall be subject to the further orders passed by the said forum. No costs." 5.

Accordingly, in terms of the order dated 30.08.2017, passed in W.P.No.29126 of 2017, the present writ petition is disposed of. There shall be no order as to costs.

6.

As a sequel thereto, Miscellaneous Petitions pending if any in this Writ Petition, shall stand closed.

____________________ C. PRAVEEN KUMAR, J 21.09.2017 vhb