M/S. Varks Engineers Pvt. Ltd. v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.33505 of 2018 ORDER :

Heard the counsel for petitioner, and Sri R. Vinod Reddy, counsel for respondent nos.2 to 7.

2.

The petitioner herein assails the action of respondents in including alleged loss of revenue as shortfall in the High Tension C.C. Bill issued for the month of August, 2018 by respondents without considering petitioner's representation dt.11.06.2018. 3.

The assessment notice dt.06.06.2018 has been issued to petitioner demanding a sum of Rs.57,51,787.00 allegedly due from petitioner as back-billing charges for having availed only temporary Category HT-VII instead of HT-II Category.

4.

After the said notice was received, the petitioner made request on 11.06.2018 stating that he requires certain clarifications and wanted to discuss the matter with the 7th respondent. 5.

Ignoring the same, the respondents had included the said amount in the electricity consumption bill issued to petitioner for the month of August, 2018.

6.

The counsel for petitioner contended that the very assessment notice states that if the petitioner makes a representation within fifteen

(15) days the electricity charges claimed would not be included in the

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subsequent C.C. bill, and the respondents have not followed their own statement in the said assessment notice.

7.

This is not disputed by Sri R. Vinod Reddy, counsel appearing on behalf of respondent nos.2 to 7.

8.

Accordingly, the Writ Petition is allowed. The respondents are directed to provide a personal hearing to the petitioner with regard to the amount demanded in the assessment notice within two (02) weeks from to-day and till such hearing is provided and an order is passed in that regard and communicated to the petitioner, the amount of Rs.57,51,787.00 shall not be recovered from the petitioner. No order as to costs.

9.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 18.09.2018 Note : Issue C.C. in three (03) days.

B/o.

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