M/s.Hytech Industries, D.No.21, Road No.12 Chandulal v. Distribution

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 issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents in insisting the petitioner to pay an amount of Rs.85,692/- vide Calculation sheet supplied by the 4th respondent dated 25.2.2009 without deducting the interest already paid and by levying interest over the period during which the writ petition was pending which eventually was disposed by setting aside the Final Assessment order of the 2nd respondent as illegal, arbitrary, and violative of Article 14,and 21 of the Constitution of the Respondents India and consequently direct authorities to property assess the payment to be made by the petitioner without levying interest during the period of the pendency of the writ petition No.24936/2004 . Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondent No.: MR.O.MANOHER REDDY The Court made the following : ORDER: This writ petition is filed challenging the final assessment orders passed by the 2nd respondent – The Chief General Manager, Operation, AP Central Power Distribution Company Limited, Hyderabad vide proceedings dated 30.4.2008. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent corporation. The case of the petitioner is that the respondents are insisting it to pay an amount of Rs.85,692/- as per the circulation sheet supplied by the 4th respondent dated 25.2.2009 without deducting the interest already paid and by levying the interest over the period during which the earlier writ petition was pending even though the said writ petition was allowed setting aside the final assessment order passed by the 2nd respondent. Admittedly, as against the impugned order passed by the 2nd respondent , a statutory appeal lies under Section 127 of the Electricity Act, 2003 and without availing that remedy, the petitioner has straight away approached this Court. In the circumstances, without expressing any opinion on the merits of the case, the writ petition is dismissed giving liberty to the petitioner to avail the statutory appeal remedy. DT.6.3.2009 N.V.RAMANA,J