HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.20797 of 2003 Dated this the 7th day of February, 2008 Between: Sed Yathya Zubeen … Petitioner AND A.P. Central Power Distribution Company Ltd., Rep.by its M.D. Hyderabad., and another … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.20797 of 2003 ORDER: This Writ Petition has been filed by the petitioner seeking to issue a Writ of Certiorari by calling for the records relating to the impugned letter dated 16.09.2003 of the second respondent and quash the same as it is illegal, arbitrary and violative of Article 14 of the Constitution of India. 2) The petitioner was the consumer of the respondent. He has been paying the electricity bills without any default. In the month of February 2005 a part of the ground floor of his premises is lay out for non-residential purpose and hence, there was change in the category and consequently, the rate of billing as well by applying the non-residential rate per unit consumed. The enhanced rated bills are also paid without any default. The second respondent issued a bill dated 03.06.1995 claiming for a sum of Rs.1,01,577/- alleging to be the arrears for the period from July 1992 to June 1994 and from June 1994 to March 1995 by giving credit to the regularly paid amounts from June 1994 to March 1995 on the ground of overload in the consumption of power. Challenging the said notice, the petitioner filed O.S.No.706 of 1995 on the file of II Senior Civil Judge, City Civil Court, Hyderabad, and after the regular trial, it was dismissed on 31.10.2002. During pendency of the said suit, the second respondent disconnected the power, therefore, he filed O.S.No.2154 of1999 on the file of the Junior Civil Judge, City Civil Court, Hyderbaad, which was decreed in favour of the petitioner directing the respondent to reconnect the electricity meter, through judgment dated 25.04.2000. 3) So from the above allegations, it is clear that the petitioner has to pay the arrears of Rs.1,01,577/- for the period from July 1992 to 1994 and the judgment of the civil court, dated 31.10.2002 issued against him has become final. The respondent issued a notice dated 16.09.2003 informing the petitioner that if he fails to pay the amount of Rs.2,25,409/- towards CC charges by the end of August 2003 along with Rs.37, 281/- towards cost of the suit, totalling to Rs.2,62,690/- within 7 days from the date of receipt of notice. Otherwise, the electricity supply will be disconnected to his premises and dues will be recovered as per the Revenue Recovery act. 4) Being aggrieved by the same, the present writ petition has been filed mentioning that as if the respondents applied the Revenue Recovery Act though it is not applicable to the facts of the present case. However, the notice is only regarding the request for payment of the amount due to the Electricity Department, failing which the supply will be disconnected. The authorities have power to disconnect the electricity if anybody fails to pay the arrears due to the Electricity Department, which is the amount that was confirmed by the Civil Court by dismissing the suit filed by the petitioner. 5) After going through the record, I do not find any illegality in issuing the impugned notice by the respondents and there are no grounds to interfere with the same. 6) Accordingly, the Writ Petition is dismissed. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 07.02.2008 Isn