IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWELVETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 138 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/01/2009 in WP NO : 691 OF 2009 on the file of the High Court.) Between: M/s. Sri. Bheemeswara Restaurant, Amalapuram Town, East Godavari District, Rep. by its Proprietor Sri. A.V.Rambabu, S/o. Nageswara Rao, aged about 44 yrs, R/o. Sree Rampuram, Amalapuram, East Godavari District. ..... APPELLANT AND 1 Eastern Power Distribution Company of Andhra Pradesh Ltd. Visakhapatnam, Viskhapatnam District. Rep. by its Chairman & Managing Director. 2 The Divisional Electrical Engineer, Operation, Eastern Power Distribution Company of Andhra Pradesh Ltd., Amalapuram, East Godavari District. 3 The Assistant Divisional Engineer, Operation, Eastern Power Distribution Company of Andhra Pradesh Ltd., Amalapuram, East Godavari District. 4 The Assistant Account's Officer, E.R.O., A.P.E.P.D.C.L., Amalapuram, East Godavari District. .....RESPONDENTS Counsel for the Appellant: MR.J.UGRANARASIMHA Counsel for the Respondents: O.MANOHAR REDDY (SC FOR APTRANSCO) The Division Bench of this Court made the following : (Full text of Judgment follows on 2nd page) THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 138 of 2009 J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meena Kumari) The writ appeal is filed against the order dated 22-01-2009 passed by the learned single Judge in WPMP.No. 860 of 2009 in WP.No. 691 of 2009, whereby he passed interim direction to the respondents to forthwith restore the power supply to the petitioner’s premises bearing SC.No.43097 subject to condition of the petitioner depositing a sum of Rs.73,600=00 with the respondents, within a period of one week from the date of order and further directed the petitioner to continue to pay the regular monthly consumption charges. 2. Sri J.Ugra Narsimha, the learned counsel appearing for the appellant-petitioner contended that the interim direction passed by the learned single Judge directing the appellant to deposit a sum of Rs.73,600/- is excessive in view of the fact that no power supply was restored to the appellant’s premises for about six months. 3. Per Contra, Sri O. Manohar Reddy, the learned standing counsel for the respondents contended that the respondent-authorities namely Additional Assistant Engineer (Operation) APEPDCL Mandapeta had inspected the appellant’s premises on 07-7-2008 at 15:30 hours and found the premises connected with 47.40 KW load of power and that the connected load was more than the contracted load of nearly 23.00 KW and therefore, the respondent-authorities have disconnected the service connection to the appellant’s premises under SC No.43097 under category-II by issuing proceedings in Lr.No.ADE/OSD/AMP/F.No. /D.No.1218/2008, dated 21-7-2008 on the ground that the connected load is being more than the contracted load and demanded development charges of Rs.73,600/- for regularizing the additional connected load within thirty days. He further contended that the demanded development charges are not excessive and they are in accordance with the load of additional power of 47.40 KW than the contracted load of nearly 23.00 KW. 4. Heard the learned counsel for the appellant as well as the learned standing counsel. 5. Since the dispute is required to be resolved in the writ petition, which is pending before the learned single Judge, in order to balance the interests of the parties, we deem it appropriate to modify the order dated 22-1-2009 passed by the learned single Judge in WPMP.No. 860 of 2009 in WP.No. 691 of 2009, by permitting the appellant to deposit Rs.25,000/- (Rs. Twenty Five Thousand only) within a period of two weeks from today and the appellant shall continue to pay the regular monthly consumption charges. 6. With the above observation, the writ appeal is disposed of at the stage of admission. No costs. JUSTICE T.MEENA KUMARI JUSTICE C.V.NAGARJUNA REDDY 12-02-2009. I s L NB: CC in two days. B/o. IsL ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {KSRANI}