THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.10774 of 2007 Dated: 23.05.2007 Between: M/s.Sri Balaji Graphics .. Petitioner. And A.P. Central Power Distribution Company Ltd. and others .. Respondents. ORDER: Heard Sri Posani Venkateswarlu, learned counsel for the petitioner and Sri O.Manohar Reddy, learned counsel for the respondents. This writ petition is filed questioning the notice issued by the third respondent in letter No. AED/ OP/ DXVI/ Balanagar/ BB/ DNO/1770, dated 17.01.2007 and the consequential action of the subordinates of the third respondent in threatening to disconnect the service connection bearing No.S7-6851 belonging to the petitioner as illegal and arbitrary. It is not in dispute that the third respondent issued assessment notice for short billing on 17.01.2007, where under he assessed a sum of Rs.97,380/- for the period from 31.12.2003 to 09.12.2006 as the value of the power consumed and not metered out by the petitioner. Paras 5.1 and 5.2 of the notice read as under: “5.1 If you are agreeable to the assessed amount, you may pay the amount in full within 15 days from the date of service of this order. Further proceedings to recover the assessed amount will be closed only after the payment of the above assessed amount Rs.97,380/- in full, to AAO/ERO XII (Designated Officer for payment of assessed amount), in addition to the supervision charges Rs….. 5.2 If you are not agreeable to the above assessment, you may make appropriate representation to DE/OP/Bowenpally (Designated Officer for appeal) within 15 days from the date of this notice, who will dispose off your representation after giving opportunity to you for being heard if you so desire and mention the same in your representation.” On receipt of this notice, the petitioner filed objections on 22.02.2007. The grievance of the petitioner is that even before disposal of the representation, the respondents are insisting that it shall pay the assessed amount and that it is contrary to para 5.2 of the assessment notice. In view of the fact that the petitioner has submitted its objections, the third respondent is bound to dispose of the same before taking any action as indicated in para 5.2 of the assessment notice. Therefore, any attempt on the part of the respondents to disconnect the power supply for non-payment of the provisionally assessed amount cannot be sustained in law. In view of the above, the writ petition is disposed of with a direction to the respondents not to disconnect the power supply to the petitioner’s premises till the objections filed by the petitioner on 22.02.2007 are disposed of in terms of the notice, dated 17.01.2007 issued by the third respondent. ________________________ C.V.NAGARJUNA REDDY, J Date: 23.05.2007 kvni/kdl