IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4196 of 2001 Between: Sattar Sons Packaging Private Limited, having its Regd. office at 1-7-69, S.D. Road, Secunderabad, Rep.by Mohd. Zia Baig, s/o A.S. Baig, 53 years, r/o 1-7-68, SD Road, Secunderabad. ..... PETITIONER AND Hyderabad Metropolitan Water Supply & Sewage Board, Rep.by its General Manager (Engineering), O & M Division No. VI, S.R. Nagar, Hyderabad. .....RESPONDENT 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 to issue any appropriate, writ order or direction preferably a writ in the nature of Mandamus declaring the action of the respondent in issuing letters dt. 3.3.2001 bearing No. GM/Engg/O&M6/R&C/2651 in respect of ledger No. 0641/28081 (old No. 2187-A), 2) GM/Engg/O&M-6/R&C-2652 in respect of ledger No. 0641/22065 (old No. 745) and GM/Engg/O&M-6/R&C/2653 in respect of ledger No. 0641/28056 (old No. 2180-A) styling them as Notices for disconnection u/s 42 (b) and u/s 99 of H.M.W.S & S. Act claiming an amount of Rs.53,269.50, Rs.13,980.80 and Rs. 16,591/- respectively, as illegal, arbitrary, unreasonable and in flagrant violation of the principles of natural justice despite disconnection of water supply and pass such further or other orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.D.HANUMANTHA RAO Counsel for the Respondent: MS.M.VENKATESWARI The Court made the following : ORDER: The petitioner questions three letters of the respondent dated 03.03.2001demanding to pay outstanding arrears of water cess of Rs.53,269/- vide ledger No.0641/28081 (Old No.2187-A) relating to house No.1-7-62/1, Rs.13,980/- vide ledger No.0641/22065 relating to house No.1-7-62/68 and Rs.16,591/- vide ledger No.0641/28056 (Old No.2180-A) relating to house No.1-7-65 within seven days, failing which the existing connection will be disconnected. It is the case of the petitioner that the claim of the said amounts towards outstanding arrears of three connections is illegal and arbitrary. It is stated that for two connections under ledger No.0641/28056 relating to house No.1-7-65 (non-residential) and vide ledger No.0641/28081 relating to house No.1-7-62/1 (domestic), letters have been addressed by the petitioner on 29.02.1992, 02.05.1992 and 25.05.1992 to disconnect the same as the said two connections are not made use of and they are idle. Accordingly, it is submitted that the action of the respondent in not taking action pursuant to the representation to disconnect the water connection and demanding the bills is illegal and arbitrary. No counter is forthcoming. The applications filed by the petitioner are with regard to two connections under ledger No.0641/28056 relating to house No.1-7-65 (non-residential) and vide ledger No.0641/28081 relating to house No.1-7-62/1 (domestic). But, whereas the demand notices demanding the arrears are in respect of three connections i.e. Rs.53,269/- vide ledger No.0641/28081 relating to house No.1-7-62/1, Rs.13,980/- vide ledger No.0641/22065 relating to house No.1-7-62/68 and Rs.16,591/- vide ledger No.0641/28056 relating to house No.1-7-65. Therefore, the petitioner cannot dispute with regard to the arrears of outstanding dues in respect of Rs.13,980/- vide ledger No.0641/22065 relating to house No.1-7-62/68, may be the connection that is existing. Admittedly, there is no application for disconnection in respect of house No.1-7-62/68. Insofar as other two connections are concerned, the petitioner made repeated applications to disconnect them. Further the demand notices do not say anything about the date of disconnection and the action taken by them and no counter is also forthcoming. Having regard to the facts of the case, the writ petition is disposed of directing the respondent to pass a reasoned order keeping in view of the requests made by the petitioner vide his letters dated 29.02.1992, 02.05.1992, 25.04.1992 and 25.05.1992 under ledger No.0641/28056 relating to house No.1-7-65 (non-residential) and vide ledger No.0641/28081 relating to house No.1-7-62/1 (domestic). Till the said letters are considered and disposed of by the respondent by passing a detailed order after giving reasonable opportunity to the petitioner, the amounts relating to the said two connections shall not be recovered. Insofar as the ledger No.0641/22065 relating to house No.1-7-62/68 also, the respondent shall not interfere with it. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BDLNM}