IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWELFTH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.5713 of 2010 Between: Rama Krishna Rice Mill, reptd., by its Proprietor-Relangi Rama Rao, Subbarajupeta, Nidadavole village and Mandal, West Godavari District. … Petitioner And Eastern Power Distribution Company of Andhra Pradesh Ltd., Reptd., by its Chairman-cum- Managing Director, Visakhapatnam and others. … Respondents Counsel for the petitioner: Sri Mangena Srirama Rao. Counsel for the respondents: Sri S.V.Ramana for Sri O.Manohar Reddy. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to set aside letter No.ADE/O/NDD/BB. Doc.No.11/D.No.200/2010, dated 8-2-2010, issued by respondent No.2 and the consequential action of the respondents in threatening to disconnect the power supply to the petitioner’s Rice Mill Service Connection No.5957 (Category III), of Nidadavole town, as illegal and arbitrary. In the view this Court is proposing to take, it is not necessary to refer to the facts in detail. It is admitted by the learned counsel representing the respondents that before issuing the purported provisional assessment notice towards shortfall of amount on account of the alleged excess contracted load, no prior notice has been given. Unlike a case of pilferage, the act of exceeding the load is not governed by the procedure involving provisional and final assessments. Before issuing the impugned demand, respondent No.2 issued show-cause notice dated 11-1-2010 calling upon the petitioner to regularize the additional load. After receiving the two notices referred to above, the petitioner submitted its explanation, dated 27-2- 2010. In my opinion, propriety and fairness require that before issuing a demand for payment of charges for the alleged excess load stated to have been connected by the petitioner, the respondents shall consider the explanation of the petitioner and pass an appropriate order. Accordingly, the Writ Petition is disposed of with the direction to respondent No.3 to consider the explanation of the petitioner, pass an appropriate order and communicate the same to it. Till such time, power supply to the petitioner’s Rice Mill Service Connection No.5957 shall not be disconnected for nonpayment of the amount demanded under the impugned notice. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:12-3-2010 MNR