IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND TEN WRIT PETITION No.27236 of 2008 Between: Kommusani Ramakoti. … Petitioner And The A.P. Central Power Distribution Company Ltd., Reptd., by its General Manager Commercial & RAC, Singareni Bhavan, Red Hills, Hyderabad and others. … Respondents Counsel for the petitioners: Smt.Harija Akkineni. Counsel for the respondents: Sri O.Manohar Reddy. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. I have heard Smt.Harija Akkineni, learned counsel for the petitioner, and Sri O.Manohar Reddy, learned Standing Counsel for the respondents. The petitioner has purchased a slab polishing unit, by name, Madhusudhan Slabs Unit, situated in Ramapuram village, Owk Mandal, Kurnool District from its owner Sri N.Thimma Reddy. The said unit was receiving power supply under electricity connection bearing S.C.No.286. Thereafter, the petitioner came to know that respondent No.2 has made a final assessment of value of energy allegedly pilfered by the previous owner at Rs.2,42,901/- plus Rs.300/- towards supervision charges. The petitioner further learnt that his vendor has made a representation before respondent No.1 for restoration of power supply and waiver of minimum charges and that the said representation was rejected by respondent No.1, vide: memo dated 10-9-2008. The petitioner pleaded that he is a bona fide purchaser for valuable consideration and that he is prepared to pay the due amount of Rs.2,42,901/- plus supervision charges, if the respondents grant him the facility of installments. In the counter-affidavit filed on behalf of the respondents all the above facts are not disputed. The respondents have placed reliance on Clause 8.4 of the General Terms and Conditions of Supply, which reads as under: “Cl.8.4. The seller of the property should clear all the dues to the company before selling such property. If the seller did not clear the dues as mentioned above, the company may refuse to supply electricity to the premises through the already existing connection or refuse to give a new connection to the premises till all dues to the company are cleared”. Relying on the said Clause, it is averred that the petitioner, being the purchaser of the unit, is liable to clear all the dues. At the hearing, the learned counsel for the petitioner fairly submitted that her client is prepared to pay the arrears provided he is permitted to pay the same in reasonable installments. Having heard the learned counsel for the respondents, I feel it appropriate that the petitioner be permitted to pay the arrears in four equal monthly installments commencing from 01-8-2010. If the petitioner commits default in payment of any of the installments, the respondents shall be free to take appropriate action in accordance with law. Subject to the above directions, the Writ Petition is disposed of. ---------------------------------------- - C.V.NAGARJUNA REDDY,J Date:27-7-2010 MNR