IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 14041 of 2008 Between: M/s. Flash Photostat, Rep. by its Prop. M.Srinivasa Rao, D.No.56-11-10, G-F2, Vijaya Soudha Complex, High School Road, Patamata, Vijayawada 520 010 Krishna district. ..... PETITIONER AND 1 The Chairman and Managing Director, APSPDCL, Plot No.1, New Balaji Colony, M.R.Palli, Tirupathi, Chittoor District. 2 Superintending Engineer, Assessment, APSPDCL, Plot No.1, New Balaji Colony, M.R.Palli, Tirupathi, Chittoor District. 3 Divisional Engineer, Operation, Town, APSPDCL, Vijayawada 520 002, Krishna District. 4 Assistant Divisional Engineer, Operation, APSPDCL, Ashoknagar, Patamata, Vijayawada- 520 007, Krishna Dist. 5 Assistant Accounts Officer, Electricity Revenue office, Ashok Nagar, Patamata, Vijayawada- 520 007, Krishna district. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus or any other appropriate writ order or direction declaring the conversion of my service from category-III to category-II from 7.8.2006 as illegal, arbitrary and violative of Principles of natural justice and consequently direct the respondents not to disconnect my service connection and pass Counsel for the Petitioner:MS.J.V.MADHAVI Counsel for the Respondent No.: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : ORAL ORDER: The petitioner obtained an electricity connection in Category III-Industrial for the business of off-set printing and digital four color printing at Patamata, Vijayawada. The business premises of the petitioner was inspected by the officials of the respondents on 7.8.2006 and only Xerox work was seen being performed. On a prima facie assessment and conclusion that the petitioner was employing the business premises exclusively for commercial Category II purposes, disentitled to the lower tariff under Category III, a provisional assessment notice dated 11.9.2006 was initially issued, estimating the value of the energy misused at Rs.76,392/- and calling upon the petitioner to pay Rs.38,196/- plus incidental charges as stipulated therein, should the petitioner seek to avoid disconnection. Thereafter, an assessment notice for malpractice was issued and a revised assessment notice was communicated to the petitioner by the letter dated 21.6.2008. The petitioner was intimated that his liability has been assessed at Rs.51,634/- and should the petitioner seek to obtain re-connection of the disconnected supply, he should pay 50% of the assessed amount plus supervision and re-connection charges. On a close scrutiny of the revised assessment notice dated 21.6.2008, this Court discerns no error in the prima facie conclusion recorded as the basis for the revised assessment notice dated 21.6.2008. All the substantive defences of the petitioner will have to be considered before passing a final assessment order. Since the petitioner was seen to be using the business premises only for the purposes of Xerox, the respondents prima facie concluded that no industrial activity was being performed therein & thereby and therefore the assessment should be on commercial Category II, instead of Industrial Category III basis. This prima facie conclusion of the respondents is not perverse and warrants no interference. The Writ Petition is accordingly dismissed. There shall be no order as to costs. GODA RAGHURAM, J DATE: 14.08.2008 CVM