IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8793 of 2004 Between: Bharatiya Vidya Bhavan, represented by its Vice Chairman, Vidhya Ashram, Bheemavaram Town, D-1, West Godavari District. ..... PETITIONER AND 1 A.P.Transco, represented by its Managing Director, Hyderabad. 2 M/s Andhra Pradesh Eastern Power Distribution Company Ltd. rep.by its Managing Director, Eluru. 3 Superintending Engineer, A.P.E.P.D.C.Ltd., Operation Circle, Eluru. 4 The Asst. Accounts Officer, ERO, Bhimavaram, West Godavari District. .....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 of Mandamus, or any other appropriate Writ, Order or direction, declaring that not converting the petitioner power supply from category No.II to VII in pursuance of the notification G.O.Ms.No.54 dated 3/6/2000 issued by the A.P.Transco as arbitrary, illegal, null and void and is against the principles of natural justice and norms of the public policy and contrary to the notification and to issue a consequential direction to the respondent authorities to convert the petitioner institutes from category II to category VII and to revise the rate per unit as per the Gazette Notification G.O.Ms.No.54 dated 03-06- 2000. Counsel for the Petitioner:MR.VENKATESWARA RAO GUDAPATI Counsel for the Respondent No.: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : ORDER: In this Writ Petition the petitioner-society questioned the action of the respondents in not considering their representation for conversion of power supply from category-II to category-VII in pursuant to the notification in G.O. Ms.No.54, dated 03-06-2000 issued by A.P. Transco. This Court, while issuing Notice before admission on 05-05- 2004, granted interim orders subject to deposit of half of the arrears. It is submitted by the learned counsel for the petitioner that with regard to the same issue that whether the petitioner-society is to be classified in category-II or category-VII, the petitioner has already moved the appellate authority and the appeal filed by him is pending consideration. It is further stated that no further adjudication is necessary, on merits, in this Writ Petition, at this stage. In view of the above submissions made by the learned counsel for the petitioner, the Writ Petition is disposed of, keeping it open to the appellate authority to decide the category of the petitioner. The deposit, if any, made by the petitioner pursuant to the order, dated 05-05-2004, passed by this Court, is subject to final order to be passed by the appellate authority on the classification of the petitioner. No order as to costs. ____________________ R.SUBHASH REDDY, J. 18th June, 2009. skmr