IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5586 of 2009 Between: M/s. Sri Sai Amrutha Old Age Home (FOCUM), H.No. 12-12-300, Tarnaka, Secunderabad, Rep by its Proprietor : Dr. K. Krishna ..... PETITIONER AND 1 The Chairman and Managing Director, Central Power Distribution Co. of A.P. Ltd. Vidyuth Soudha, Khairatabad, Hyderabad. 2 The Assistant Divisional Engineer, Padmaraonagar Distribution - XVII, APCPDCL, Near E-Seva, Seethapaphalmandi, Secunderabad. 3 The Assistant Engineer-Operations, Tarnaka, Secunderabad. .....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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 2nd and 3rd respondents in abnormally imposing electricity charges and proposal to change the category of Service No. V0023445 from LTI-Domestic to LT2-Non Domestic and Commercial as illegal, arbitrary, unlawful. Counsel for the Petitioner: MR.C.S.CHAKRAVARTHY Counsel for the Respondents: MR.O.MANOHER REDDY The Court made the following : ORDER: This writ petition is filed by the petitioner-M/s.Sri Sai Amrutha Old Age Home aggrieved by the action of the respondents in imposing electricity charges treating the power supply of it as commercial connection. According to the petitioner, the respondent authorities have conducted the inspection of its premises and issued the impugned notice, dated 06.12.2008, demanding the petitioner to pay an amount of Rs.59,316/- as provisionally assessed charges besides Rs.50/- towards supervision charges, alleging that the petitioner is collecting Rs.5000/- per person per month excess and that it is a commercial organization. The petitioner was also directed to make a representation within 15 days from the date of service of the said order, if it has any objection. The learned Standing Counsel appearing for the respondent Corporation submits that by the impugned notice even though the petitioner was given an opportunity to make a representation, if it is aggrieved by the said notice, it has straightaway approached this Court. Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondent Corporation. The impugned order is a provisional assessment order, and it calls upon the petitioner to submit his objections, if any to the same, by way of representation, within 15 days from its receipt. Admittedly, the petitioner without submitting his objections, has directly approached this Court by way of this writ petition. However, if the petitioner has any objection to the provisional assessment, he is at liberty, to submit his objections, if any, thereto, by way of a representation within 15 days from the date of receipt of a copy of this order. If any such objections are filed, the second respondent - Assistant Divisional Engineer, Padmaraonagar, shall consider the same and pass appropriate order, in accordance with law, within a period of four weeks thereafter. With the above directions, the writ petition is disposed of. There shall be no order as to costs. N.V.RAMANA, J Dt.19.03.2009 va