ANDHRA ICE FACTORY, CHANDRAYANAGUTTA, HYD. Vs. THE ANDHRA PRADESH STATE ELECTRICITY BOARD, HYD. AND OTHERS

JUDGEMENT

(1.) This Writ petition has been filed under Article 226 of the Constitution of India for the issue of a writ of a mandamus or any other appropriate writ or order or direction, calling for the records relating to the Appeal Order No. CE (O)/PE/City/A 145/A-213/69, dated 6-3-1969 of the Chief Engineer, Electricity, (Operation), Andhra Pradesh State Electricity Board (hereinafter called the board) and the order No. SE/O/ Hyd/DPE/ V-558/67/921/68, dated 30-7-1968 of the Superintending Engineer, Operation City Circle, of the said Board and to quash the same and not to enforce the demands for the electricity charges issued pursuant to the aforesaid orders.

(2.) The relevant facts are as follows:-

(3.) While the appeal was still pending, the Superintending Engineer (the first respondent herein) sent a letter on 16-5-67 demanding a sum of Rs. 31, 966/- towards current consumption charges and Rs. 100/- towards supervision charges and deducting Rs. 3000/- already deposited, he called upon the petitioner to pay a sum of Rs. 28, 966/-towards consumption charges and Rs. 100/- towards supervision charges and gave 15 days time for payment of the same. On 18-5-1967, for non-payment, of the said amount, the supply of electricity discontinued. The petitioner then preferred an appeal to the Chief Engineer on 20-5-1967. When the petitioner objected to the dis-connection, he was informed by the Assistant Engineer, that the disconnection was made as the petitioner had flouted the peak load restrictions, and a sum of Rs. 750/- was demanded as the loss incurred by the Board. On 22-5-1967 the petitioner paid Rs. 34, 697/- and the supply was resumed. Thereafter on 28-3-1968 a bill was once again issued by the Deputy Chief Accountant calling upon the petitioner to pay a sum of Rs. 12,317/-. The petitioner once again made representations that the amount of the bill was incorrect and that it was demanded without following the procedure prescribed and without giving him an opportunity to make his representations. Then a further notice was given on 20-5-1968, the petitioner once again made his representations on 17-6-1968. Meanwhile, the petitioner was served on 23-5-1968 with the notice dated 16-5-1968 purporting to be one under Section 49 of the Electricity Supply Act and Conditions 9 and 10 of the General Terms and conditions of Supply of the Board, demanding payment of Rs. 39, 425-82 plus supervision Charges, Against the said order, the petitioner preferred an appeal on 21-8-1968 and the Chief-Engineer, by his order dated 6-3-1969 partly allowed the appeal and reduced the assessment of Rs. 39,425-82p. by Rs. 5000/- and called upon the petitioner to pay the balance of the amount due. The petitioner paid the balance to avoid disconnection of the supply electricity and filed the writ petition for the reliefs mentioned above.