HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20303 of 2007 Date : 13.12.2011 Between : M/s.Ganesh Binny Rice Mill, Gomaram village, rep. by its Proprietor. …..Petitioner And The Superintendent Engineer (Operation), APCPDCL, Medak & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20303 of 2007 ORDER : In this writ petition, the petitioner, a Binny Rice Mill, has questioned the letter No.AE/Op/Shivampet/F.No.B.B/ D.No.161/07, dated 17.09.2007, issued by respondent No.4, demanding payment of an amount of Rs.2,04,934/-. The petitioner has obtained electricity service connection vide connection bearing No.298 in Category-III (A). The said service connection was inspected on 2nd of August 2007, at which time, the KWH reading of the metre was 90172. However, the inspecting officer has recorded the reading in the consumer bill as 35523. Subsequently, when the mistake was noticed, the respondents have issued notice, dated 25th of August 2007, issued in Lr.No.ADE/OP/Toopran/F.D.No.2575, demanding an amount of Rs.2,04,934/- towards the value of energy short-billed, at normal rate. As the said amount was not paid, the impugned communication is sent to the petitioner for payment of the demanded amount. In this writ petition, it is the case of the petitioner that the impugned demand is issued without any basis and without conducting any inquiry. A counter affidavit is filed by the Divisional Engineer of A.P. Central Power Distribution Company Limited of Toopran Division, Medak District. In the counter, while denying the allegations of the petitioner, it is stated that during the inspection made on 2nd of August 2007, due to oversight and less-understanding of the electronic metre by the officer concerned, he has not noted the KWH reading properly and that it was the mistake on the part of the officer, and for the said lapse, already a show cause notice is issued and explanation of the officer concerned is sought for. In the counter, it is stated that pursuant to the interim orders of this Court, petitioner has already deposited an amount of Rs.50,000/-. In this case, it is to be noticed that it is not a case of any defective metre or any mal-practice on the part of petitioner. It is a simple case of not noting down the correct KWH reading from the metre, by the officer concerned. Instead of recording the KWH reading as 90172 on the date of inspection i.e. 2nd of August 2007, it is recorded as 35523. In that view of the matter, it cannot be said that no inquiry is conducted and no opportunity of hearing is given to the petitioner, before making the impugned demand. Further, it is to be noticed that the respondents are collecting the aforesaid amount at the normal tariff rate as per the tariff order in force during the relevant year. It is stated that the petitioner has paid Rs.50,000/- pursuant to the interim orders of this Court, passed at the time of admission on 26.09.2007. It is further stated that the petitioner has paid a further amount of Rs.50,000/- in terms of the order, dated 18.06.2010, passed in W.V.M.P.No.874 of 2009 and W.P.M.P.No.26257 of 2007, and thus, the balance amount payable by the petitioner is Rs.1,04,934/-. Therefore, I deem it is a fit case for grant of some time for payment of balance amount by the petitioner. Accordingly, this Court is of the view that there is no ground to invalidate the impugned demand, and at the same time, it is a fit case for grant of some time to the petitioner for payment of balance amount. For the aforesaid reasons, this writ petition is disposed of, permitting the petitioner to pay the balance amount of Rs.1,04,934/- within a period of four months from today, in two equal instalments. No order as to costs. ______________________ R. SUBHASH REDDY, J 13th December 2011 ajr