THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.18649 OF 2010 DATED 2ND AUGUST, 2010 BETWEEN M/s.Advanta India Limited, Represented by its Senior Deputy General Manager, Mr.B.Venkatnarayan, B.Camp Post, Krishna Nagar, Kurnool – 518002 and having its Corporate Office at Unicorn House, Plot No.3, Balaji Enclave, Transport Road, Secunderabad. … Petitioner And A.P.Transco, represented by its CMD, Vidyuth Soudha, Hyderabad. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.18649 OF 2010 ORDER: The petitioner assails the order dated 29.04.2010 passed by the Chief General Manager, Operation, Central Power Distribution Company of Andhra Pradesh Limited (APCPDCL), Kurnool Zone, Kurnool, exercising appellate jurisdiction over the provisional assessment order passed by the Assistant Divisional Engineer, APCPDCL, on 01.10.2003 confirmed by the Superintending Engineer, Operation, APCPDCL, on 31.03.2004. Relevant to note, the provisional assessment order confirmed by way of the final assessment proceedings of the Superintending Engineer, Operation, APCPDCL, were challenged before this Court in Writ Petition No.8799 of 2004. This Court, being of the opinion that it would be appropriate for the petitioner to file an appeal before the Chief General Manager, Operation, APCPDCL, Kurnool Zone, Kurnool, dismissed the writ petition as not maintainable giving due liberty to prefer such appeal. Thereupon, the petitioner submitted an appeal which was taken on file by the Chief General Manager, Operation, APCPDCL, Kurnool Zone, Kurnool, and by the order impugned presently, the said appeal was dismissed. Relevant to note, the appellate authority merely extracted the stands adopted by either side and thereafter stated as follows: “The case was posted for argument on 9.9.2009 and subsequently postponed 9, 11-2009 and 9.12.2009 respectively. The counsel on behalf of the petitioner has filed written arguments on 2.2.2010. On detailed examination of the arguments put forth by the counsel and after careful consideration of the consumers contention with reference to the consumption particulars and M.D. reached. Having considering the facts of the case, the Chief General Manager, Operation, Kurnool Zone, Kurnool is of the opinion that the Final Assessment estimated by the Superintending Engineer/Operation/Kurnool is in order and requires no revision. The consumer is called up to pay the balance 50% amount of Rs.15,06,275/- (Rupees fifteen lakhs six thousands two hundreds and seventy five only) within THIRTY DAYS from the date of receipt of the final assessment order, failing which the service will be disconnected without any further notice. Further it is to inform that no further appeal on this order will be entertained and this order is final and no further correspondence will be entertained in this regard." When the Chief General Manager, Operation, APCPDCL, Kurnool Zone, Kurnool, was exercising quasi judicial functions, being the appellate authority, the least that was expected of him was to consider the appeal on merits and disclose the reasons as to why he thought it fit to confirm the order under appeal before him. Except for stating that on a detailed examination of the arguments and careful consideration of the contentions he formed an opinion, the appellate authority did not disclose the reasons as to why he was confirming the order under challenge. Reason, as pointed by the Supreme Court in RAJ KISHORE JHA v. STATE OF BIHAR[1], is the heartbeat of every conclusion, and without the same it becomes lifeless. The bald unspeaking order passed by the appellate authority therefore falls abysmally short of the standards required of such authority while exercising quasi judicial powers. The order dated 29.04.2010 passed by the said authority is accordingly set aside and the matter is remitted back to the appellate authority, namely, the Chief General Manager, Operation, APCPDCL, Kurnool Zone, Kurnool, for fresh consideration on merits after giving due opportunity of hearing to the parties considered. The appellate authority shall pass reasoned orders thereupon. This exercise shall be completed within four (4) weeks from the date of receipt of a copy of this order. The Writ Petition is accordingly allowed at the stage of admission. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 2ND AUGUST, 2010. VGSR/PGS [1] (2003) 11 SCC 519