THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO: 13606 OF 2005 DATED: 11.2.2008 Between: R.Pentaiah Petitioner And The Assistant Divisional Engineer, Operation, Nacharam, Andhra Pradesh Central Power Distribution Company Ltd., Ranga Reddy District and another. Respondents THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO.13606 of 2005 ORDER: Challenging the notice dated 20.3.2004 issued by the respondents vide letter No.AAE/OP/NCM/D.No.723 demanding arrears of SC No.705-3977 of M/s.Harsha Priya Poly Industries of Sri Yagna Prasad, the present writ petition is filed. It is the case of the petitioner that he leased out a portion of his land to one Sri Annavajhala Yagna Prasad on 23.8.1995 for establishing an industry producing plastic products and the lessee, for the purpose of running the industry obtained power connection from the respondents in his name. Thereafter, since the lessee committed default in payment of instalments due to Indian Bank, the said Bank seized the industry. It is also stated that during that period, the lessee has also not paid the electricity consumption charges and, therefore, the respondents disconnected the power supply. However, the said service connection is not yet dismantled by the respondents. It is further stated the in the portion of property allotted in favour of the petitioner in the partition between himself and his brother, there is a service connection bearing No.705-801 standing in the name of M/s. General Engineering Works and that he is paying the consumption charges for the said meter. While the matters stood thus, the 2nd respondent issued notice to M/s.General Engineering Works to clear the arrears payable towards service connection Nos.705-3977 and 705-2640 which were sanctioned in the name of Sri Yagna Prasad stating that if the dues are not paid, the power supply to service connection No.705-801 in the name of M/s.General Engineering Works would be disconnected. It is submitted that service connection No.705-2640 does not belong to neither the petitioner nor his brother. After receiving the impugned notice, it is stated that the petitioner made a representation to the respondents, but in vein. Hence this writ petition. On behalf of the respondents, a counter affidavit is filed inter alia admitting that the service connection was granted in favour of lessee - Yagna Prasad only and that he committed default in payment of the consumption charges and, therefore, the power supply was disconnected. However, it is stated that since the petitioner is the owner of the premises and he executed lease in favour of Yagna Prasad, the respondents are insisting the owner to pay the arrears on the ground that basing on the lease deed executed by the petitioner only, they have granted the service connection by treating the lease deed itself as his consent. Except stating that they are entitled to collect the arrears from the owner of the property when the lessee has committed default in payment of the consumption charges even in respect of a service connection granted in the name of the lessee, the respondents have not brought to the notice of this Court any such provision. In such circumstances, the respondents cannot insist the petitioner to pay the arrears of his lessee and threaten him that if he does not pay the arrears of his lessee, his service connection would be disconnected. Accordingly, the writ petition is allowed and the impugned notice is set aside. this order would not preclude the respondents from collecting the arrears from the lessee Yagna Prasad. ___________________ N.V.RAMANA,J DATE: 11.2.2008 msv