IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 414 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 15/02/2008 in WP NO : 11170 OF 2004 on the file of the High Court.) Between: ASHFAQ ALI QURAISHI, S/o. Late Iqbal Ali Quarishi, R/o. 22-7-395, Opp. City Civil Court, Puran Haveli, Hyderabad, AP ..... APPELLANT AND 1 THE SUPERINTENDING ENGINEER, Assessments/ APCPDCL A.P. State Housing Corp Building Urdu Hall Lane, H.No. 3-6-184, 4th floor, Street No. 17, Himayatnagar, Hyderabad-29 2 Assistant Divisional Engineer (Operation), Dist IX Charminar Sub- Division City III APSEB Charminar, Hyderabad. .....RESPONDENT(S) Counsel for the Appellant:MR.SYED AHMED ALI Counsel for the Respondent No.: MR.V.AJAY KUMAR (SC FOR AP TRANSCO) The Court made the following : ORAL ORDER: (Per Anil R. Dave, CJ) The judgment delivered in Writ petition No.11170 of 2004, dated 15- 2-2008 has been challenged in this appeal. The only grievance, which the petitioner has made in the appeal is the one which had been made before the learned single Judge. The grievance was that upon enactment of the Electricity Act, 2003 (for short ‘the Act’) the earlier provisions would not apply and therefore, the assessment of consumption of electricity based on the consumption of electricity for a period of six months immediately preceding the date of inspection, was not correct. In our opinion, the learned single Judge has rightly not accepted the said submission, in view of the provisions of Section 172 (b) of the Act. It may be noted further here that by virtue of the notification dated 4-8-2003 the State has directed that the earlier provisions shall remain in force upto 30-12-2003. It is pertinent to note that in the instant case, the inspection of the premises in question had taken place on 3-1-2001 and final order with regard to the assessment of consumption of electricity was made on 6-12- 2003. Looking to the above fact, the case is covered under the notification dated 4-8-2003 because by virtue of the said notification, the earlier provisions shall continue to remain in force upto 30-12-2003. For the reasons recorded by the learned single Judge as well as for the aforestated reasons, we do not find any substance in the appeal and the appeal is dismissed with no order as to costs. _____________________ ANIL R. DAVE, CJ ________________________ R. SUBHASH REDDY, J 21st April, 2008 GRR To 1. 2.2 CD copies