HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17590 of 2005 Dated: 05-08-2010 Between: M.A. Ghaffar. … Petitioner And The Government of A.P., rep. by its Secretary, Energy Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17590 of 2005 ORDER: Heard learned counsel for petitioner. There is no representation on behalf of respondents. In this writ petition, the petitioner has questioned the order, dated 30.07.2005, issued by the 3rd respondent- Assistant Engineer in Lr.No.AE/OP/S.R.Nagar/ D.No.105. As stated in the affidavit, it is the case of the petitioner that he owns houses bearing Nos.10-10-130 and 10-10-193 at Indira Gandhi Puram, Sanathnagar, Hyderabad. It is stated that they have obtained electricity service connections to the said houses, vide S.C.Nos.A2/30389 and A2/30796. So far as H.No.10-10- 193 is concerned, the Service Connection was in the name of the Late Mother of the petitioner by name Smt. Hameeda Begum. It is stated that after her demise, petitioner succeeded to the said property. The above said service connections were disconnected in the month of November 2004, on the ground that the electricity bills were not paid. It is stated that there was a demand for payment of arrears to the tune of Rs.706/- as on 15.11.2004, on the service connection held by the petitioner and Rs.1,317/- on the service connection provided in the name of his Late Mother. It is stated that after paying the said amounts, and when there was a request to restore power supply to the said service connections, the impugned order is passed, showing an amount of Rs.24,887/- as outstanding due upto December 1999, on service connection No.A2/15437, alleged to have been standing in the name of petitioner’s Late Mother, and an amount of Rs.38,600/- as outstanding due up to February 2002, on service connection No.A2/15438, connected to House No.10-130, and accordingly, the petitioner was asked to pay a total amount of Rs.63,487/-, by the impugned proceedings. It is the case of the petitioner that he has nothing to do with the service connection bearing Nos.A2/15437 and A2/15438, as such, the arrears of said service connections cannot be demanded from him. At the stage of admission, this Court, by an order, dated 22.08.2005, directed the respondents to restore electricity supply to the petitioner’s service connections. It is stated that both the service connections are restored and the petitioner is using the same by paying necessary consumption and demand charges. In the affidavit filed in support of the writ petition, it is the specific case of the petitioner that the petitioner and his Late Mother are nothing to do with the service connections bearing No.A2/15437 and A2/15438, and in that view of the matter, the arrears in respect of said service connections cannot be demanded from him. Although the writ petition is of the year 2005, no counter affidavit is filed by the respondents and there is also no representation on their behalf. As much as it is stated that the service connections of the petitioner bearing Nos.A2/30389 and A2/30796 are already restored, I deem it appropriate to dispose of the writ petition, by setting aside the proceedings, dated 30.07.2005, issued by the 3rd respondent-Assistant Engineer in Lr.No.AE/OP/S.R.Nagar/D.No.105. However, it is made clear that if there are any dues from the petitioner either against the service connections, which exist in the name of the petitioner or his Late Mother, or any other service connections, of which, petitioner is liable, it is open for the respondents to issue notices, determine the liability after giving opportunity to the petitioner, and recover the same. The writ petition is allowed to the extent indicated above. No order as to costs. ______________________ R. SUBHASH REDDY, J 5th August 2010 ajr