IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15976 of 2001 Between: KAVI SATYA MURALI KRISHNA Murthy S/o. VENKATA SUBBA RAO R/o. Flat No. T2, Kalyan Vihar Apartments, Srinagar, Visakhapatnam-16. ..... PETITIONER AND 1 A.P. Transimmission Corporation, Rep. by its C.M.D., Vidyutsoudha, Somajiguda, Hyderabad. 2 Eastern Power Distribution Company Ltd., Rep. by its Director, Visakhapatnam. 3 Assistant Divisional Engineer (Distribution), Eastern Power Distribution Company, Visakhapatnam. .....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 a Writ of Mandamus declaring the action of the respondents in treating the power supply connection of his chartered accounts office as commercial category (II) connection and there by issuing impugned provisional assessment notice No. ADE/B/VSP.26/200/2002, D.No.466 Dt. 29.6.2001 and demanding the petitioner to pay the amounts demanded in such notice and to apply for additional load paying necessary development charges and additional consumption deposits, etc., as illegal, arbitrary, unjust ultravires without jurisdiction and against the principles of natural justice against the constitutional guarantees and consequently direct the respondents not to convert his electricity service connection bearing No. 100218 from category I to category II and not to insist for any amount and for any additional load under the impugned notice. Counsel for the Petitioner:MR.RAVI CHEEMALAPATI Counsel for the Respondent No.: MR.O.MANOHER REDDY The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 15976 of 2001 Order: The petitioner, who is a Chartered Accountant, has filed the present writ petition seeking the following relief: “To issue an appropriate writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in treating the power supply connection of his chartered accountants office as commercial category (II) connection and thereby issuing impugned provisional assessment notice No.ADE/B/VSP.26/200/2002, D.No.466, dated 29.06.2001 and demanding the petitioner to pay the amounts demanded in such notice and to apply for additional load by paying necessary development charges and additional consumption deposits, etc., as illegal, arbitrary, unjust, ultravires, without jurisdiction and against the principles of natural justice against the constitutional guarantees and consequently direct the respondents not to convert his electricity service connection bearing No.100218 from category I to category II and not to insist for any amount and for any additional load under the impugned notice.” When the matter is taken up for hearing today, it is submitted by the learned counsel for the petitioner and admitted to by the learned Standing Counsel for the respondents that the subject matter of this writ petition is squarely covered by the orders of this Court passed in W.P. No. 18535 of 2006, dated 26.09.2006, wherein this Court considered similar issue and disposed of the said writ petition with the following directions: “i) the Office of the Chartered Accountant run by the petitioner cannot be treated as category-II (commercial/non- domestic) and the service connection shall have to be treated as Category-I (domestic); ii) the respondents shall hereinafter bill the current consumption by the petitioner’s establishment under Category-I (domestic); iii) and if the petitioner has already paid the current consumption charges at the tariff applicable to commercial establishments, the excess amount, if any, shall be adjusted in the future bills. There shall be no order as to costs. Hence, following the said judgment, this writ petition is also disposed of on the same terms. No costs. ___________________ N.V. RAMANA, J. Date: 05.03.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MADHURI}