IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:19010 OF 2010 DATED:9.8.2010 Between: Komatipalli Venkata Subba Rao .....PETITIONER AND 1. The A.P. Eastern Power Distribution Co. Ltd., Visakhapatnam, rep., by its Asst. Accounts Officer and others. .....RESPONDENTS This Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:19010 OF 2010 ORDER: The petitioner challenges the proceeding issued by the Eastern Power Distribution Company of Andhra Pradesh Limited (APEPDCL) levying consumption charges for the excess lighting load consumed by the petitioner over and above the contracted load. The grievance of the petitioner is that it was not given any notice or opportunity of hearing during this exercise. The matter is squarely covered by the order dated 8.6.2009 passed by a learned Judge of this Court in W.P.No.1037 of 2009 and batch. The learned Judge, having referred to Condition No.12.3.3 of the General Terms and Conditions of Supply, construed the same to mean that a notice must necessarily be given along with the relevant material to the consumer to show that he had exceeded the contracted load and objections of the consumer must be invited. The learned Judge opined that only after considering such objections, the respondents would have the authority to determine the issue regarding the factum of consumption of additional load. The learned Judge held that interpreting this Condition in any other manner would only lead to arbitrariness and a unilateral adjudication of the dispute by the licensee. Smt. Jyothi Eswar Gogineni, Standing Counsel for APEPDCL, on instructions, admitted that the impugned proceeding in the present case was passed without affording notice or opportunity to the petitioner. In that view of the matter, the impugned proceeding is liable to be set aside and is accordingly so done. It shall be open to the respondents to initiate action afresh after following the procedure as referred above. The writ petition is disposed of with the aforestated direction. No order as to costs. _____________________ Justice Sanjay Kumar Dated:9.8.2010 Nn. THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:19010 OF 2010 9th August, 2010