IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 24687 of 2002 Between: M/s. Crown Lamps, Rep. by its Proprietor, Mir Mujahid Ali D-60, I.D.A. Jeedimetla, Rangareddy District. ..... PETITIONER AND 1 Transmission Corporation of A.P. Limited, Rep. By its Chief Managing Director, (A.P. TRANSCO), Vidyut Soudha, Khairatabad, Hyderabad. 2 The Superintending Engineer, Central Power Distribution Company of A.P. Tranco, Operation Circle, R.R. Circle, Mint Compound, Hyderabad. 3 The Assistant Accounts Officer, Electricity Revenue Office, Central Power Distribution Copmpany of A.P. Limited, A.P. Transco, Jeedimetla, Rangareddy District. ..RESPONDENTS Counsel for the Petitioner:SRI D.V.NAGARJUNA BABU Counsel for the Respondents: SRI J.ANIL KUMAR FOR SRI O.MANOHAR REDDY The Court made the following : O R D E R: The petitioner filed this writ petition for a writ of Mandamus to declare the action of the respondents in disconnecting power supply to M/s Crown Lamps for non-payment of arrears in respect of M/s Diamond Ice Factory as illegal and arbitrary. Heard Sri D.V.Nagarjuna Babu, learned counsel for the petitioner, and the learned counsel representing the learned Standing Counsel for the respondents. The petitioner purchased a sick industry standing in the name and style of M/s Crown Lamps in an auction held by the Andhra Pradesh State Financial Corporation (for short “APSFC”). Without any prior notice, the respondents disconnected the power supply in respect of Service Connection No.420, standing in the name of M/s Crown Lamps. Questioning the said action, the petitioner filed the present writ petition. This Court, by order dated 16-12-2002, granted interim direction to restore the power supply and also directed the respondents to consider representation dated 01-06-2002 filed by the petitioner. No counter-affidavit has been filed. The learned counsel representing the learned Standing Counsel passed on a copy of the para-wise remarks, wherein it is mentioned that as there are arrears standing in respect of Service Connection No.1135, belonging to Diamond Ice Factory, power supply in respect of Service Connection No.420, standing in the name of M/s Crown Lamps, was disconnected. The justification sought to be offered by the respondents for such disconnection is that both the service connections are situated in the same premises with common entrance and ownership. It is further stated that the change of ownership is not intimated by the petitioner. The learned counsel for the petitioner invited my attention to letters dated 01-06-2002 and 14-10-2002 addressed by Mir Mujahid Ali, the proprietor of M/s Crown Lamps, to respondent No.2, wherein he mentioned about the purchase of M/s Crown Lamps in APSFC sale. In my considered view, Mir Mujahid Ali, who purchased M/s Crown Lamps in APSFC sale, cannot be mulcted with the liability standing on the service connection pertaining to M/s Diamond Ice Factory. As no order has been passed in this regard by the respondents, I deem it appropriate to dispose of the writ petition with the direction to respondent No.2 to consider the representations of the petitioner sent on 01-06-2002 and 14-10-2002 and pass an appropriate order. The petitioner is also permitted to make a fresh representation within a period of two (2) weeks along with the documents in support of his claim that he has purchased the property in public auction held by APSFC. Respondent No.2 shall consider the said representation and pass an appropriate order. If it is found that the petitioner purchased the property in public auction held by APSFC, the respondents shall not proceed against the petitioner for recovering arrears, if any standing in the name of M/s Diamond Ice Factory. C.V.NAGARJUNA REDDY, J Dated 24th February, 2009 vrn