2025 Supreme(Online)(AP) 24770
HIGH COURT OF ANDHRA PRADESH
VENKATESWARLU NIMMAGADDA
M/s. Sri Aruna Industries – Appellant
Versus
Eastern Power Distribution Company of Andhra Pradesh – Respondent
WP 682/2014
APHC010183822014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 682/2014 Between:
M/s. Sri Aruna Industries, ...PETITIONER AND Eastern Power Distribution Company Of Andhra Pradesh ...RESPONDENT(S)
and Others Counsel for the Petitioner:
1. B V ANJANEYULU Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL)
2. M RAVINDRA The Court made the following:
O R D E R:
1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:
“To issue writ of mandamus, declaring the provisional assessment order made by the 3rd respondent in Lr.No.ADE/O/APT/Sub-Eng/F Doc TE/D.No.1224/2013 dated 28.12.2013 and consequential revised provisional assessment order dated 29.01.2014 vide Lr.No.ADE/O/APT/Sub-Er F.Doc.TE/D.No.123/14 demanding Rs.1,02,46,247/- though the initial provisional assessment order dated 28.12.2013 has been challenged before the Court. Therefore, the revised provisional assessment order dated 29.01.2014 vide Lr.No.ade/o/apt/Sub-Er/F.Doc.TE/D.No.123/14 is not valid and the respondents cannot demand us to pay the amount under the said revised assessment order dated 29.01.2014 as illegal, arbitrary, unjust and consequently direct the respondents to drop all further procee1dings against the petitioner’s service connection bearing SC No.HT RJY-1053 situated at Pasalapudi Village, Rayavaram Mandal, East Godavari forthwith”
2. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to pass Final Assessment Order pursuant to the Provisional Assessment Order dated 28.12.2013.
3. Learned Standing Counsel for APEPDCL readily agreed to the submission made by the learned counsel for the petitioner and submitted that the respondents – authorities would pass Final Assessment Order.
4. In view of the mutual understanding arrived by and between both the Counsel, this Court deems it appropriate to dispose of the writ petition, without touching the merits of the case, directing the respondents to pass Final Assessment Order pursuant to the Provisional Assessment Order in Lr.No.ADE/O/APT/Sub-Eng/F Doc TE/D.No.1224/2013 dated 28.12.2013, in compliance of Section 126 and Section 135 of the Electricity Act, within thirty (30) days from the date of receipt of copy of this order, in accordance with law.
5. With the above, writ petition is disposed of. No costs.
6. Consequently, miscellaneous applications pending if any, shall stand closed.
______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:27.01.2025 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 682/2014 Date:27.01.2025 W SP