IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11015 of 2008 Between: M/s. Umajay Laboratories, 1-20-248, G/3, Umajay Complex, Rasoolpura, Secunderabad, Rep. by its Proprietor M.S. Sheela, W/o. Mohan Krishna, Aged About 49 Years, R/o. Rasoolpura, Secunderabad. ..... PETITIONER AND 1 Central Power Distribution Company of Andhra Pradesh Limited, Rep. by its Chariman and Managing Director, Singareni Bhavan, Red Hills, Hyderabad. 2 The Superintending Engineer (Assessments), Central Power Distribution Company of Andhra Pradesh Limited, A.P. State Housing Corporation, Building, Urdu Hall Lane, H.No. 3-6-184, 4th Floor, Street No. 17, Himayathnagar, Hyderabad. 3 The Assistant Divisional Engineer, Operations, APCPDCL, Marredpally, Secunderabad. .....RESPONDENT(S) 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 or direction declaring the order of the 2nd Respondent in issuing the final assessment order No. SEA/HYD/F.No. /SAH No. 10364/D.No. 39 dated 24-4-2008 directing the Petitioner herein to pay an amount of Rs. 10,66,744-00 ps for the alleged indulge in unauthorized usage of energy and final estimate the amount of loss sustained by the APCPDCL as illegal and arbitrary and consequently direct the Respondents not to take any coercive steps against the Petitioner firm till the disposal of the appeal Counsel for the Petitioner: MR.K.BHEEMA RAO Counsel for the Respondents: MR.O.MANOHER REDDY The Court at the stage of admission made the following : ORDER: This writ petition is filed seeking a writ of mandamus declaring the order of the 2nd Respondent in issuing final assessment order No. SEA/HYD/F.No. /SAH No. 10364/D.No. 39 dated 24-4-2008 directing the petitioner herein to pay an amount of Rs. 10,66,744-00 ps for the alleged indulgence in unauthorized usage of energy and final estimation of loss sustained by the APCPDCL as illegal and arbitrary and consequently to direct the respondents not to take any coercive steps against the petitioner firm till the disposal of the appeal. It appears, questioning the demand notice the petitioner had already filed a statutory appeal before the authority concerned, along with an application for stay. The grievance of the petitioner is that the stay application has not been disposed of till date. It is stated that the petitioner had already paid an amount of Rs.3,00,000/- under protest even before filing of the appeal. Under those circumstances, there shall be stay of the impugned proceedings on condition of the petitioner depositing another sum of Rs.2,00,000/- within a period of four weeks from today, which will be subject to the result of the appeal filed by him. The writ petition is accordingly disposed of. C.V. RAMULU, J 21-05-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Central Power Distribution Company of Andhra Pradesh Limited, Rep. by its Chariman and Managing Director, Singareni Bhavan, Red Hills, Hyderabad. 2 The Superintending Engineer (Assessments), Central Power Distribution Company of Andhra Pradesh Limited, A.P. State Housing Corporation, Building, Urdu Hall Lane, H.No. 3-6-184, 4th Floor, Street No. 17, Himayathnagar, Hyderabad. 3 The Assistant Divisional Engineer, Operations, APCPDCL, Marredpally, Secunderabad. 4 2CD copies