Telangana High Court
M/S. Narne Estates Pvt. Ltd. vs The Ap Central Distribution Company ... on 6 September, 2024
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.5594 of 2009
ORDER:
This writ petition has been filed praying this Court to declare the order, dated 12.02.2009 passed by respondent No.2 as arbitrary, illegal, unfair, unjust, contrary to principles of natural justice and violative of Article 14 of the Constitution of India and consequently, prayed to set aside the same.
2. It is the case of the petitioner that the petitioner is a company incorporated under the Companies Act, 1956, which is managed by retired Senior Defence Officer and which came into existence since 1985 and the object of the petitioner is to provide house plots especially for defence personnel. It is the further case of the petitioner is that respondent No.3 had addressed a letter vide Lr.No.ADE/ OP/SD/BGR/F.No.88/D.No.830/08/dated 12.12.2008 to the petitioner stating that the petitioner is using the unauthorized energy. It is stated in the said letter that the service connection of the petitioner was inspected by the 2 CVBR, J Wp_5594_2009 concerned Assistant Divisional Manager on 02.12.2008 and the following irregularities have been noticed.
"...the consumer is availing the electricity supply for commercial purposes i.e., for M/s. Narne Estate Office. But the service is under Cat-III. Thus, the consumer is unauthorisedly utilizing the supply for the purpose other than the sanction purpose."
3. It is further stated that basing on the said inspection, provisional assessment order was communicated to the petitioner company vide Order No.SEA/HYD/F.No. /SAH No.10416 D.No.807, dated 12.02.2009 assessing the loss sustained by the respondent-corporation on account of such unauthorized use of energy to the tune of Rs.3,66,638/- and calling the petitioner to pay an amount of Rs.1,83,319/- towards 50% of the initial assessment + Supervision charges Rs.150.00 pending finalization of the case. It is also stated in the impugned order that the petitioner has submitted a representation, dated 27.01.2009 to respondent No.2 and personal hearing was conducted on 27.01.2009 and the person authorized by the petitioner company has attended the same. Respondent 3 CVBR, J Wp_5594_2009 No.2, duly taking note of the submissions and documents enclosed in support of the case of the petitioner company and after considering the entire material, has come to a conclusion that the petitioner has indulged in unauthorized use of energy and assessed the loss of Rs.3,33,783/-. Aggrieved by the same, the present writ petition is filed.
4. This Writ Petition is pending since 2009 and no interim order was granted by this Court staying the operation of the impugned order passed by respondent No.2 directing the petitioner to pay 50% of the final assessment order i.e., Rs.1,66,892/- towards the loss caused to the respondent-Corporation on account of the unauthorized usage of the energy by the petitioner.
5. This Court has carefully considered the submissions of the learned counsel for the parties and also the impugned order. The impugned order passed by respondent No.2 would show that an opportunity was provided to the petitioner and considered the 4 CVBR, J Wp_5594_2009 representation submitted by the petitioner and also the documents enclosed in support of the claim of the petitioner. Further, the impugned order passed by respondent No.2 duly taking note of the loss sustained by the respondent-corporation due to the involvement of the petitioner in unauthorized use of the power/energy. Therefore, this Court does not see any ground to interfere with the impugned order passed by respondent No.2 in exercising its jurisdiction under Article 226 of the Constitution of India.
6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
__________________________ C.V.BHASKAR REDDY, J 06.09.2024 gkv