THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16141 of 2009 DATE:07.08.2009 Between: M/s. Wireless-TT Info Services Limited, rep. By its Deputy Manager (Legal), Fateh Maidan Road, Hyderabad. ... Petitioner and The Eastern Power Distribution company of A.P. Limited, rep. By its Divisional Electrical Engineer, Rajahmundry, E.G.Dt., and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16141 of 2009 ORDER: This writ petition is filed by the petitioner company seeking a Writ of Mandamus to declare the action of 1st respondent in disconnecting power supply to its service No.111258, without following due process of law and without giving prior notice, as illegal and arbitrary. 2. The case of the petitioner company, in brief, is that it has obtained electrical service connection No.111258 from the Eastern Power Distribution Company of Andhra Pradesh Limited, Rajahmundry - 1st respondent and has been paying the electrical consumption charges without fail. Upon formation of the petitioner company, its parent company transferred the passive infrastructure i.e. telecommunication tower, related business and assets to it. While so, all of a sudden, on 31.07.2009 the 1st respondent has disconnected the power supply to its tower, without giving any notice whatsoever. On enquiry, the petitioner company came to know that the 1st respondent disconnected the power supply, as per the directions of the Municipal Corporation of Rajahmundry, Rajahmundry, East Godavari District - 2nd respondent. The 2nd respondent did not issue any notice or pass any order in respect of the telecommunication tower. Therefore, there is no justification on the part of the 1st respondent to disconnect the power supply without issuing any notice. 3. Heard both the learned counsel. 4. According to condition No.17.2 of the General Terms and Conditions of Supply issued by the Central Power Distribution Committee of Andhra Pradesh, a notice shall precede before initiating any action, such as, disconnection, etc. As seen from the record, it appears that no notice has been issued by the 1st respondent to the petitioner company before disconnection of power supply to its service connection. Such action is not only contrary to law, but also without following due process of law. Hence, this Court has no hesitation to come to the conclusion that the action of the 1st respondent in disconnecting the power supply to the service connection of the petitioner company is illegal. 5. Accordingly, this writ petition is allowed, at the stage of admission, with a direction to the 1st respondent to restore the power supply to Service No.111258 of the petitioner company forthwith. However, this order will not preclude the respondents to initiate action against the petitioner company, either in accordance with 17.2 of General Terms and Conditions of Supply issued by the Central Power Distribution Committee of Andhra Pradesh or Regulations which are in force. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 7th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16141 of 2009 (Allowed) 7th August, 2009 CBS