THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 24732 of 2011 Date:02.09.2011 Between: M/S. Sri Laxmi Industries, Khanapur Village, Atmakur Mandal. … Petitioner And A.P. Central Power Distribution Corporation Ltd., Hyderabad and others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 24732 of 2011 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents in disconnecting the power supply to the petitioner rice mill on 24.08.2011 is arbitrary and illegal. I have heard the learned counsel for both the parties. It is not in dispute that the 2nd respondent herein issued a notice dated 15.07.2011 informing the petitioner that the meter installed at the rice mill was not functioning correctly and that short billing was done for the said service owing to defective meter. The value of the revenue loss on account of short billing was valued as Rs.11,04,912/- for the period from November, 2007 to May, 2011 and the petitioner was called upon to pay the said amount within 15 days. The petitioner was also informed that if the petitioner was not agreeable to the said assessment, an appropriate representation can be made to the 3rd respondent within 15 days, in which event the petitioner’s objections would be considered after giving an opportunity of being heard. It is stated that the petitioner was not agreeable for the assessment under the notice dated 15.07.2011 and therefore, the petitioner has approached the respondents requesting to drop all further proceedings pursuant to the notice dated 15.07.2011. However, since no amounts were paid as per the assessment notice, the respondents went ahead and the power supply was disconnected on 24.08.2011. Aggrieved by the same, the present writ petition is filed. The learned counsel for the petitioner vehemently contended that the petitioner cannot be made responsible for the alleged short billing which was admittedly on account of the defective meter and therefore the action of the respondents in disconnecting the power supply is arbitrary and illegal. On the other hand, the learned counsel for the respondents while submitting that as per the provisions of the Indian Electricity Act, 2003 it was always open to the petitioner to raise the objections, if any, to the assessment made under the notice dated 15.07.2011, contended that without raising any objections before the competent authority, the petitioner cannot straightaway invoke the jurisdiction of this Court under Article 226 of the Constitution of India. As noticed above, inspite of receipt of notice dated 15.07.2011, the petitioner did not raise the objections to the assessment made therein. As the matter involves disputed questions of fact, the petitioner ought to have availed the remedy available under the statute in which event, after making the necessary enquiry, the competent authority would have passed appropriate orders. For the aforesaid reasons the writ petition is disposed of permitting the petitioner to make an appropriate representation before the 3rd respondent within two weeks from the date of receipt of this order raising all the objections to the assessment made under the impugned notice dated 15.07.2011. On receipt of such representation, the 3rd respondent shall make the necessary enquiry after giving an opportunity of personal hearing to the petitioner and pass appropriate orders in accordance with law within four weeks thereafter. In the meanwhile, there shall be a direction to the respondents to restore the power supply to the service connection in question forthwith subject to the condition that the petitioner deposits a sum of Rs. 4 lakhs towards the amount demanded under the impugned notice, within a period of four weeks from today. It is made clear that in the event of default on the part of the petitioner for depositing the amount within the time fixed above, it is open to the respondents to disconnect the power supply. ______________ G. ROHINI, J Date: 02.09.2011 KLP O R D E R : (operative portion) For the aforesaid reasons the writ petition is disposed of permitting the petitioner to make an appropriate representation before the 3rd respondent within two weeks from the date of receipt of this order raising all the objections to the assessment made under the impugned notice dated 15.07.2011. On receipt of such representation, the 3rd respondent shall make the necessary enquiry after giving an opportunity of personal hearing to the petitioner and pass appropriate orders in accordance with law within four weeks thereafter. In the meanwhile, there shall be a direction to the respondents to restore the power supply to the service connection in question forthwith subject to the condition that the petitioner deposits a sum of Rs. 4 lakhs towards the amount demanded under the impugned notice, within a period of four weeks from today. It is made clear that in the event of default on the part of the petitioner for depositing the amount within the time fixed above, it is open to the respondents to disconnect the power supply. ______________ G. ROHINI, J Date: 02.09.2011 Note: Issue wire at party’s cost (send the bundle to Court Masters’ section after dispatch of the order). KLP