IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.23035 of 2009 Between: T.Pushpavathi, W/o.Kasivaiswanatham R/o.Dachepally, Guntur District. … Petitioner And The Assistant Divisional Engineer, Electrical/Operation, APSPDCL, Gurazala, Guntur District and another … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.23035 of 2009 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondents in disconnecting the electricity supply on 21.10.2009 to all three services i.e., 3884, 3886 and 3949 of Dachepally town of the petitioner, without issuing final assessment order, in spite of payment of regular bills, as illegal, arbitrary and violative of fundamental rights and Section 126 of the Electricity Act and consequently direct the respondents to restore the electricity supply to the petitioner’s services. The case of the petitioner, in brief, is that she is availing the electricity supply with service connection No.3884 under Category-I (domestic supply). On 18.01.2002, the 1st respondent, Assistant Divisional Engineer, inspected the premises and found that she is running T.V. sales show room in commercial nature. The respondent authority wanted to change her service connection from Category-I to Category-II, and provisionally estimated the every misuse as Rs.21,554/- and advised her to pay a sum of Rs.10,777/- for availing continued supply. Accordingly, she paid the above said amount and later on she gave explanation to the provisional assessment notice dated 05.02.2002 and so far, no final assessment orders have been passed, which are mandatory under Sub Section (3) of Section 126 of the Electricity Act. It is further submitted that earlier when the respondent authorities threatened that they will disconnect the electricity supply, she filed W.P. No.7269 of 2006 and that was disposed of directing the respondents not to disconnect the electricity supply until final orders are passed within the period of four weeks from the date of 13.09.2006 since then, she has been paying regularly monthly bills, in spite of it, the respondent authorities disconnected the electricity supply on 21.10.2009. Hence, the present writ petition. This Court on 28.10.2009, while issuing notice before admission, passed the following interim order: “If no final orders are passed by the respondents as per the orders of this Court in W.P. No.7269 of 2006, dated 13.09.2006, the power supply to the service connection Nos.3884, 3886 and 3949 of Dachepally town, Guntur District, shall be restored, forthwith.” The learned standing counsel appearing for the respondents placed the proceedings No.6319/DE/A/VJA/Doc.No.MCL-530 D.No.1762, dated 26.03.2003, 6350/DE/A/VJA/Doc.No.MCL-541 D.No.1808, dated 27.03.2003 and 369/GNT/DE/A/VJA/ Doc.No.MCL- 544 D.No.4535, dated 23.07.2003, before this Court and submitted that three final orders have been passed in respect of three connections, separately. The main grievance of the petitioner in the instant writ petition is that without passing any final orders, in respect of the payment of arrears by the petitioner, the petitioner was subjected for disconnection of electricity service. The learned standing counsel placed the final proceedings before this Court. In view of the same, this writ petition is disposed of with a liberty to the petitioner to question the validity of the aforementioned proceedings, if so advised. Accordingly, this writ petition is disposed of. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH Date: 17.06.2010. LSK