HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.14893 of 2011 Date : 21-11-2011 Between: M/s. Sri Venkateswara Rice Mill, Tallapudi, West Godavari District, Represented by its partner S.Janardhana Rao .. Petitioner And The Assistant Accounts Officer, Electricity Revenue Office, Eastern Power Distribution Corporation of Andhra Pradesh Limited, Nidadavole, West Godavari District and another .. Respondents Counsel for petitioner : Sri K.V. Upendra Gupta Counsel for respondents : Smt. Jyothi Eswar Gogineni The 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. The issue raised in this Writ Petition is whether the demand raised for capacitor surcharge for September and October 2005, and for the period July 2006 to September 2006 and December 2006. is barred by limitation as prescribed under Section 56(2) of the Electricity Act, 2003 (for short "the Act"). It is not in dispute that on the basis of an inspection carried out in the year 2011, the impugned demand is raised for the period mentioned above under Section 56(2) of the Act. Under the said provision no sum due from any consumer shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously recoverable as arrear of charges for the electricity supplied. In the instant case, admittedly, an amount of Rs.69,671/- representing the purported due for September and October 2005, and for the period July 2006 to September 2006 and December 2006 was not shown as arrears of charges in the electricity bills. In the face of this admitted factual and legal position, the impugned order cannot be sustained and accordingly the same is quashed. The Writ Petition is accordingly allowed. As a sequel, interim order dated 7-6-2011 is vacated and WPMP No.17901/2011 and WVMP No.3849/2011 are disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 21-11-2011 AM