HONOURABLE SRI JUSTICE SANJAY KUMAR W.P.No.18077 of 2010 27-07-2010 Between: M/s.Sri Krishna Modern Rice Mill, Kothuru, Srikakulam. ………Petitioner And The Assistant Divisional Engineer, Construction and Operation, Eastern power Distribution Company of AP Limited, Amadalvalasa, Srikakulam and another. ………Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.18077 of 2010 ORDER : The grievance of the petitioner-rice mill is that the respondent- Eastern Power Distribution Company of A.P. Limited (APEPDCL), Srikakulam, by its proceedings dated 06-05-2010, billed it for the excess contracted load allegedly consumed by it. The petitioner complains that it was not put on notice or given an opportunity of hearing prior to the passing of the aforestated proceedings holding that it was liable to pay the short fall amount of Rs.36,925/-. 2. The matter is squarely covered by the judgment of this Court dated 08-06-2009 in W.P.No.1037 of 2009 and batch, whereby, a learned Judge of this Court held that a notice should be given to the consumer if the authorities come to the conclusion that such consumer had consumed additional load, along with the relevant material in support thereof and invite objections. The learned Judge observed that it was only after following this exercise that the respondent- APEPDCL would be able to determine the issue. The learned Judge was of the opinion that interpreting Condition No.12.3.3 of the General Terms and Conditions of Supply in any other manner would only lead to arbitrariness and unilateral adjudication of the dispute. 3. As the impugned proceeding dated 06-05-2010 does not indicate that it was passed after complying with the aforestated procedure, it cannot be sustained and is accordingly set aside. The APEPDCL, Srikakulam, is given liberty to initiate action afresh in accordance with the aforestated procedure. 4. The writ petition is accordingly allowed of at the stage of admission. No order as to costs. ________________ 27th July 2010 KVR