LAWS(APH)-1983-11-10

APSE BOARD REP Vs. CHILLAKURU MASTHANA REDDY

Decided On November 30, 1983
APSE BOARD REP.BY THE SUPERINTENDING ENGINEER, (OPERATION) NELLORE Appellant
V/S
CHILLAKURU MASTHANA REDDY Respondents

JUDGEMENT

(1.) The Andhra Pradesh State Electricity Board (for short, 'the Board"), the defendant in the trial Court, is the appellant. The respondents laid the suit but was dismissed and on appeal it was decreed. The respondents sought for declaration that the assessment dated 7-1-76 marked as Ex. A-16 made by the Superintending Engineer (Operation), Nellore, confirmed by the Chief Engineer in Appeal No. 3/76, dated 27-7-1976 marked as Ex. A-17, Is illegal void, ultra vires and not binding on the plaintiffs, to set aside the same, for permanent injunction restraining the appellant from executing Ex. A-16 or collecting any amount thereunder from the respondents and directing the appellant to refund a sum of Rs. 6, 929-10 Ps. illegally collected from the respondents. It was granted. Thus this second appeal.

(2.) The respondents filed cross objections for payment of interest on the amount directed to be refunded.

(3.) The question claimed for adjudication in this appeal is the scope of jurisdiction of the civil Court to sit over the orders of the statutory officers, referred to above.