IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 571 of 2009 Between: K.Vara Lakshmi W/o. Late K.Vijayendranath 54-11-15/2 Isukathota Visakhapatnam-22 ..... PETITIONER AND 1 The Superintendent Engineer Distribution Sub Divsion A.P.E.P.D.C.L Ltd Visakhapatnam 2 The Divisional Engineer (Assessments) Visakhapatnam(A.P.E.D.C. Ltd) 3 The Asst Divsional Engineer Operation A.P.E.P.D.C.L Seethammadhara Visakhapatnam 4 The Divsional Engineer Operation Zone-1(A.P.E.D.C.L) Visakhapatnam 5 The Assistant Engineer Operation Maddilapalem Section(A.P.E.D.C.L) Visakhapatnam 6 The Assistant Accounts Officer E.R.O Visakhapatnam(A.P.E.P.D.C.L) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ more particularly one in the nature of writ of Mandamus declaring the impugned action of the 3rd respondent in calculating the provisional assessment as arbitrary and unconstitutional and consequently set aside the impugned provisional assessment notices dt 9-1-2009 pertaining to the premises situated at D.No.54-11- 15/2 Isukathota Visakhapatnam-22 of the petitioner bearing service connections S.C.No.2477898/cat-1 and 2477899/cat-I respectively. Counsel for the Petitioner:SRI T.M.K.CHAITANYA Counsel for the Respondents: SRI O.MANOHER REDDY The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.571 of 2009 ORDER: This writ petition is filed questioning the provisional assessment order, dated 09.01.2009, issued by the 3rd respondent-Assistant Divisional Engineer, Operation, A.P.E.P.D.C.L. Seethammadhara, Visakhapatnam. According to the petitioner, power supply is being supplied to her premises, consisting of two portions, through service connection Nos.2477898 and 2477899. It is her case that on 10.01.2009 she has been served with two separate impugned provisional assessment orders, dated 09.01.2009, stating that, at the time of inspection on 11.12.2008, it was observed that the power supply is being utilized for ladies hostel i.e. Commercial purpose category-II with connected load of 500W, which is other than the sanctioned category-I, and consequently, an amount of Rs.36,334/- and Rs.21,090/- were ordered to be paid towards the provisionally assessed electricity charges, in respect of the said two service connection Nos.2477898 and 2477899 respectively. The petitioner questions the impugned orders on the grounds that the same were issued in the name of some third party, who is no way concerned with her, that even though her premises is being used for domestic purpose only and does not come under category-II, the respondent Corporation ordered her to deposit the Balance Development Charges and the Balance Security Deposit to regularize the service connections under Category-II and that the calculations made in the impugned provisional assessment orders are contrary to the provisions of the Electricity Act. The petitioner alleges that though she submitted her objections to the impugned orders on 12.01.2009, but no action has been taken thereon. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. Admittedly, the petitioner has already submitted her objections to the impugned orders on 12.01.2009 and final orders are not yet passed. Unless and until final orders are passed in the matter, after affording reasonable opportunity of hearing to the petitioner, this Court cannot interfere with the impugned orders. However, if the petitioner has any grievance in the final orders to be passed by the respondents, she is at liberty to challenge the same in appropriate proceedings. Accordingly, the writ petition is dismissed. No costs. ______________ N.V.RAMANA,J 21.01.2009 v v