THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.15302 OF 2004 Dated 15th July, 2010 Between: M/s Balaji Steel Rolling Mills Pvt Ltd …Petitioner And Central Power Distribution Company A.P. Ltd and Three others …Respondents Counsel for the petitioner : Sri Gouri Shankar Sanghi Counsel for the respondents: Sri O.Manohar Reddy The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside notice dated 17.08.2004 issued by respondent No.3. The dispute raised in this writ petition pertains to liability of the petitioner to pay voltage surcharge for two months, namely; January and February, 2004. The events that have transpired during the pendency of the writ petition have obviated this Court to adjudicate the dispute raised in the writ petition on merits. By order dated 31.08.2004, this Court directed the respondents to consider and dispose of representation dated 21.08.2004 submitted by the petitioner with the further direction that till then, no coercive steps shall be taken. At the hearing, Sri O.Manohar Reddy, learned Standing Counsel representing the respondents, submitted that in compliance with the directions of this Court, respondent No.3 disposed of the petitioner’s representation vide letter dated 25.09.2004, rejecting the same, and that the petitioner, who has received the said order on 28.09.2004, made a further representation on 04.10.2004. At the hearing, the learned Standing Counsel has passed on to the Court copies of the said proceeding and also the further representation of the petitioner. Ordinarily the petitioner should have challenged order dated 25.09.2004 passed by respondent No.3. However, in the light of the controversy as to whether there was any understanding between the petitioner and the respondents for waiver of voltage surcharge in consideration of the petitioner agreeing to receive the entire supply from the respondents, which it was receiving through other sources as pleaded by the petitioner, it becomes necessary for the respondents to deal with the said aspect, which was not obviously dealt with in order dated 25.09.2004. Therefore, the writ petition is disposed of, without going into the merits of the case, with the direction to respondent No.3 to reconsider its decision and pass a fresh order after considering representation dated 04.10.2004. Till the fresh order is passed and communicated to the petitioner, the supply shall not be disconnected on the ground of non-payment of the voltage surcharge for the months of January and February, 2004. C.V.NAGARJUNA REDDY, J Dated 15th July, 2010 vrn