VINAYAKA MINI MODERN RICE MILL Vs. DIVISIONAL ENGINEER

JUDGEMENT

(1.) The petitioner is a Modern Rice Mill at Unduru Village of East Godavari District. It was extended power supply through service meter No.654, after an agreement, as required under the General Terms and Conditions of Supply (for short 'the GTCS'), was executed. The petitioner approached this Court by filing W.P.No.22130 of 2006, alleging that the respondents have removed the service meter and shifted the transformer, without issuing any notice. The Writ Petition was opposed by the respondents, by alleging that on account of the default committed by the petitioner, the power supply was disconnected on 27.03.2005 and thereafter, the agreement was terminated vide orders, dated 26.08.2006, after complying with the formalities. Taking note of this submission, this Court dismissed the Writ Petition on 12.12.2006. W.A.No.84 of 2007 filed by the petitioner, against the order passed in the Writ Petition, was dismissed, leaving it open to it, to assail the order of termination of agreement.

(2.) In this writ petition, the proceedings issued on 26.08.2006, terminating the agreement, are challenged. Learned counsel for the petitioner contends that it was not issued any notice as required under Condition No. 5.9.4.3 of the GTCS and that the impugned order suffers from several infirmities.

(3.) At the stage of admission, the learned Standing Counsel for the respondents had obtained the record and made extensive submissions. He contends that the power supply was disconnected, on account of non-payment of consumption charges for the months of February and March 2005 and that the order dated 26.08.2006 was preceded by a notice, dated 29.08.2005, served upon the petitioner on 21.11.2005. He further submits that the order of termination does not suffer from any illegality or infirmity and that the only course open to the petitioner, is to secure fresh power supply connection.