B Mangala Gowri vs Southern Power Distribution ...
2021 Latest Caselaw 3266 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI


 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                     &
             HON'BLE MR. JUSTICE NINALA JAYASURYA


                    WRIT APPEAL No.539 of 2021

                       (Through video conferencing)

Smt. B. Mangala Gowri, W/o B. Naresh,
aged about 33 years, Occupation: Proprietrix
of M/s Sreenivasa Aqua Systems, D.No.5-2-68,
Sreekantapuram, Hindupur-515 201 (A.P.),
Ananthapuram District.
                                                     ... Appellant
                                   Versus

Southern Power Distribution Company of
Andhra Pradesh Ltd., represented by
the Chief Managing Director, Tirupathi (Post),
Chittoor District, A.P., and others.
                                                     ...Respondents

Counsel for the Appellant             : Mr. K. Rajanna

Counsel for respondent Nos.1 to 3     : Mr. Y. Nagi Reddy,
                                       standing counsel

                            JUDGMENT (ORAL)

Dt:31.08.2021

(per Arup Kumar Goswami, CJ)

Heard Mr. K. Rajanna, learned counsel for the appellant. Also

heard Mr. Y. Nagi Reddy, learned standing counsel appearing for

respondent Nos.1 to 3.

2. This writ appeal is directed against the order dated 03.08.2021

passed by the learned single Judge in W.P.No.15342 of 2021 declining to

entertain the writ petition because of availability of alternative remedy and

relegating the appellant/writ petitioner to the Consumer Grievance

Redressal Forum, providing that the writ petitioner may make an

appropriate application within a period of four weeks from the date of

receipt of a copy of the order, and making it clear that for a period of four

weeks, no coercive action shall be taken against the writ petitioner.

3. The writ petition was filed on the ground that the electricity service

connection of the appellant/writ petitioner was disconnected by the

respondents' organization and by way of notice dated 04.07.2021, the

appellant/writ petitioner was called upon to pay arrears of current

consumption charges of Rs.8,00,037/-.

4. The learned single Judge observed that an alternative remedy as

provided under Section 45 of the Electricity Act, 2003 is available to the

writ petitioner.

5. We see no good ground to take a different view.

6. Accordingly, the Writ Appeal is dismissed. However, as the period

of four weeks as indicated in the order under appeal is expiring, it is

provided that the application as indicated by the learned single Judge may

be filed by the appellant/writ petitioner, within a period of three weeks.

For the aforesaid period, no coercive action shall be taken against the

appellant/writ petitioner.

No costs. Pending miscellaneous applications, if any, shall stand

closed.

ARUP KUMAR GOSWAMI, CJ                            NINALA JAYASURYA, J

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