IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1360 of 2011 Between: M/s. K.P.R. Fertilizers Ltd., East Godavari District. ..... Petitioner AND Superintending Engineer (Assessments), Eastern Power Distribution Company of A.P., Ltd., Visakhapatnam & others. .....Respondents Counsel for the petitioner: Sri T.V.S. Prabhakar Rao Counsel for the respondents: Smt. Jyothi Eswar Gogineni The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1360 of 2011 ORDER: This Writ Petition is filed for a Mandamus to set aside letter No.SE(OP)RJY/Comml./F.HT.Doc./D.No.1512, dated 18.11.2010 of respondent No.1, whereby he has informed the petitioner that if the latter wants release of additional load for his service connection No.HT RJY-647, he shall clear the arrears of Rs.5,34,127/- payable in connection with the said service. It is the pleaded case of the petitioner that questioning the demand raised in respect of the abovementioned service connection, it filed Writ Petition No.23935 of 2009 and that this Court by order dated 16.11.2009 suspended the said demand. Therefore, the petitioner pleaded that respondent No.1 is not legally justified in demanding the amount covered by the order of stay granted by this Court as a pre- condition for release of additional load. Smt. Jyothi Eswar Gogineni, learned Standing counsel, did not deny the fact that the Writ Petition filed against the demand made by respondent No.1 is pending and that there is interim stay of recovery of amount so demanded. So long as the demand made by the respondents is covered by an order of stay, there can be no justification for the respondents to withhold release of additional load on the ground of non-payment of the said demanded amount, which is the subject matter of Writ Petition No.23935 of 2009. In this view of the matter, the Writ Petition is allowed by setting aside the impugned order. Respondent No.1 is directed to release the additional load in respect of service connection No.HT RJY-647, subject to the petitioner complying with all other legal formalities. It is made clear that the right of the respondents to recover the amount of Rs.5,34,127/- shall be subject to the outcome of Writ Petition No.23935 of 2009. As a sequel to disposal of the Writ Petition in the manner indicated above, WPMP No.1660 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 09.03.2011 ES