IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 1946 of 2006 Between: K.H.V.Suryanarayana ..... PETITIONER AND The Divisional Engineer (Assessmnets) Southern Power Distribution Corporation of A.P. Ltd, Vijayawada and another. .....RESPONDENT(S) Counsel for the Petitioner: MR.AKA.VENKATARAMANA Counsel for the Respondents: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : Form-NIC-OGS/WP{TRK} HONOURABLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.1946 of 2006 ORDER: This writ petition is filed for a Writ of Mandamus to set aside the provisional assessment notice dated 06-01-2006 issued by respondent No.2. 2. There is no representation for the petitioner. Heard Sri S.V.Ramana, learned counsel representing Sri O.Mahonar Reddy, learned Standing Counsel for the respondents. 3. A perusal of the proceeding sheet shows that this Court granted interim stay of recovery of the amount demanded under the impugned notice, by order dated 02-02-2006. 4. At the hearing, Sri S.V.Ramana, learned counsel for the respondents, submitted that the petitioner, on his own wish, let out the flat in question to a Chartered Accountant Company, which was using the premises for non-domestic purpose and that therefore, following the ratio laid down by the Supreme Court in New Delhi Municipal Council v. Sohan Lal Sachdev[1], which was reiterated in Chairman, M.P. Electricity Board and others v. Shiv Narayan and another (Civil Appeal No.1065 of 2000, dated 27-10-2005), the respondents are justified in initiating assessment proceedings for using the connection for non-domestic purpose. 5. Inasmuch as the final assessment proceedings are pending before the respondent No.1, it is not necessary for this Court to go into this issue. As this Court has stayed the recovery of the amount demanded under the provisional assessment notice, interests of justice would be met, if the writ petition is disposed of with a direction to respondent No.1 to complete the final assessment proceedings after following the procedure prescribed under the terms and conditions for power supply. The respondents shall not disconnect the power supply to the premises in question during the pendency of the final assessment proceedings subject to the petitioner continuing to pay domestic tariff. The respondents are entitled to pass the final assessment order in the light of the Law laid down by the Supreme Court as referred to above. 6. Subject to the above-mentioned direction, the writ petition is disposed of. No costs. 7. As a sequel to the disposal of writ petition, W.P.M.P.No.23079 of 2009 is disposed of as infructuous. _______________________ Date: 09-06-2009 C.V.NAGARJUNA REDDY,J KVR [1] AIR 2000 S.C. 1859 = 2000 AIR SCW 432