IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23589 of 2005 Between: Pyla Pushpa, W/o.Srinivasa Rao, Hindu, Tanerpet, Chittinagar, Vijayawada, Krishna District. ..... PETITIONER AND 1 The A.P.TRANSCO rep. by its Managing Director, Vidyuth Soudha, Hyderabad AP 2 The Divisional Electrical Engineer, Operation Town, APSPDCL Division- Near Rythu Bazarr Suryaraopeta, Vijayawada. 3 the Assistant Divisional Engineer Operation, APSPDCL Division-I Municipal Corporation Back Side Vijayawada Krishna District. 4 The Assistant Engineer, Operation APSPDCI, Ramarajyanagar, Housing Board Colony, Bhavanipuram, Vijayawada. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction particularly one in the nature of writ of mandamus declaring the action of the 4th respondent the Assistant Engineer, operation, APSDCL Ramarajya Nagar Vijayawada, in issuing the notice in letter No.Ae/OP/RR Nagar/F.Doc/D/No.851/2005 dt.27.10.2005, calling uponthe petitioner to pay the dues of M/s Anand Platics amounting to Rs.1,30,286/within one week, failing which her electrical service connections Nos 247988/Card No.20257 and 247/602/Card No.20242 at her house No.4- 28/2-13, pendem Ramulu Street, Tanerpeta, Chittinagar, Vijayawada 520 009 would be disconnected is violative of article 14 of the Constitution of Inida, bad in law, high handed one without any authority and liable to be set aside and pass. Counsel for the Petitioner:MR.RAVI KUMAR TOLETY Counsel for the Respondents: MR.V.AJAY KUMAR (SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23589 of 2005 ORDER: Petitioner questions the impugned notice issued by the 4th respondent on 27-10-2005, wherein the 4th respondent demanded the petitioner to pay a sum of Rs.1,30,286/- towards CC charges of S.C. No.229413 of M/s.Anand Plastics at Urmila Subba Rao Nagar in Bhavanipuram, failing which, the service connections of the petitioner namely S.C.Nos.247988 and 247602 will be disconnected. It is the case of the petitioner that she is neither owner nor partner of M/s.Anand Plastics and as such, she is nothing to do with the same. But, however, her husband alone is the owner of M/s.Anand Plastics, which is having S.C.No.229413. Therefore, for non-payment of CC charges, the service connections of the petitioner cannot be disconnected. A counter has been filed stating that basing on the oral statement of the petitioner that S.C.No.229413, which is pertaining to M/s.Anand Plastics, also belongs to the petitioner, the impugned notice has been issued. Learned counsel appearing for the respondents has not denied the contention that the petitioner is neither owner nor partner of M/s.Anand Plastics. Therefore, there cannot be any dispute that the petitioner is nothing to do with Service Connection No.229413, which is pertaining to M/s.Anand Plastics. Therefore, for non-payment of CC charges in respect of the service connection of M/s.Anand Plastics, the service connections of the petitioner cannot be disconnected. In view of the aforesaid facts and circumstances, the writ petition is allowed setting aside the impugned notice issued by the 4th respondent, dated 27-10-2005. There shall be no order as to costs. ___________ 26-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MPL}