IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25872 of 2001 Between: Loda Krishna Rao s/o Appa Rao Naira Village, Srikakulam Mandal, Srikakulam District. ..... PETITIONER AND 1 A.P.Transco Managing Director, Vidyuth Soudha, Kairathabad, Hyderabad. 2 The Assistant Engineer (Operation) Eastern Power Distribution Co.Ltd, Srikakulam 3 The Assistant Accounting Officer of Electrical, Revenue Office, Srikakulam 4 Divisional Engineer Eastern Power Distribution Company Ltd, Srikakulam .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents disconnecting the service Connection No.12A-20700087 under Category No.3 of the petitioner and issusing Bill No.00426 dt: 1.11.2001 demanding of Rs: 69,067/- as illegal arbitrary, unjust Art.14 of the Constitution of India and set aside the bill No.00426 dt: 1.11.2001 payment of Rs:69,068/- of the 3rd respondents and consequently direct the Respondents to restore service connection the Electrical Consumer No.12A 20700087 under Cat.No.3 in respect of the respondents Ice Candy Industry, forthwith, situated in M\Naira Village, Srikakulam Mandal and District and pass Counsel for the Petitioner:MR.A.RAMA RAO Counsel for the Respondents: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : O R D E R: None appears for the respondents. The petitioner seeks a writ of mandamus declaring the action of the respondents in disconnecting the service connection No.02A-20700087 under category No.3 of the petitioner and issuing bill dated 01.11.2001 demanding to pay Rs.69,068/-, as illegal and arbitrary. It is stated that the bills for the months of August, 2001 for Rs.267/-, September, 2001 for Rs.184/- have been issued. But, all of a sudden the bill for October, 2001 for Rs.69,068/- has been issued. In the said bill no reasons have been given except showing the metre reading. I am not inclined to go into the disputed questions of fact as to whether the petitioner has really consumed the said electricity or not as it is for the appellate authority concerned to consider and resolve the same. Admittedly, the appeal lies against the said demand before the appellate authority as per the agreement. The learned counsel does not dispute about the alternative remedy available under the statutory terms and conditions of supply. Having regard to the facts of the case, the writ petition is disposed of permitting the petitioner to file an appeal before the appellate authority concerned within two weeks from the date of receipt of a copy of this order and on filing such appeal, the appellate authority may consider and dispose of the same within two weeks and till the appeal is disposed of, the remaining arrears shall not be insisted upon to pay as the petitioner has already paid a sum of Rs.5,000/- pursuant to the interim direction. If the petitioner files no appeal, the demanded balance amount holds good and the respondents are at liberty to collect the balance arrears of amount. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:18.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MN}