THE HON'BLE MR JUSTICE D.APPA RAO WRIT PETITION NO.10361 of 2006 24th May 2006 Between: Sri Sai Balaji Satilite Communications, Big Maseed Centre, Main Road, Vuyyuru, Krishna District, rep.by its Proprietor T.Siva Rama Krishna, S/o.Sai Baba, 36 yeas, Hindu. …PETITIONER AND 1. A.P.Southern Power Distribution Company Limited Operation Circle, Vijayawada, rep.by its Assistant Engineer, Vuyyuru, Krishna District. And one other. …RESPONDENTS THE HON'BLE MR JUSTICE D.APPA RAO WRIT PETITION NO.10361 of 2006 ORDER: The petitioner, who is a cable operator, filed this Writ Petition seeking a writ of Mandamus declaring the demand of arrears of an amount of Rs.74,163/- (Rupees seventy four thousand one hundred and sixty three only) under the bill dated 08.04.2006 issued by the respondents as arbitrary, illegal and capricious, as there were no outstanding dues. Further, the respondents are threatening the petitioner to disconnect the electricity supply for non-payment, which they were not liable to pay. The learned Standing Counsel for the respondents submitted that Clause No.32 (4) of the Terms and Conditions of Supply of Transmission Corporation of Andhra Pradesh Ltd., under the head of Sale of Electricity to persons other than Licencees, govern the case. It stipulates “Any dispute or complaint with regard to the bills shall be referred to by the consumer in writing to the local office of the Board but nevertheless the amount of such bills shall be paid by him under protest if necessary within the specified period”. Heard both sides. At the request of both sides the writ petition is taken up for hearing. In view of the specific provision in the contract entered in between parties, the petitioner has to pay the amount necessarily, even under protest. On such payment the petitioner has to consider the representation made by the petitioner in this regard. Accordingly, the Writ Petition is disposed of with a direction to the petitioner to pay the amount in dispute under protest and make a representation. On such representation, the respondents shall consider the same and pass appropriate orders. No costs. ______________ (D.APPA RAO, J) 24th May 2006 RRB