Disposed

Chalamalasetty Lakshmi Parvathi v. the State of Ap

Andhra Pradesh HC17 Oct 2023WP/25561/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the addition of unrelated electricity billing arrears to the petitioner's service connection. The court directed the respondent to issue a proper notice to the husband's estate, allow the petitioner to explain, and afford her an opportunity of hearing before taking coercive steps like disconnection or demanding payment from her account.

What did the court decide?

Directed the Corporation to issue a notice to the petitioner to explain the grounds; to provide an opportunity of hearing; and not to take any coercive steps against the petitioner's service connectio

Chalamalasetty Lakshmi Parvathi Vs the State… — Service and Employment | Andhra Pradesh HC (2023)

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION No.25561 of 2023

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ORDER:

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This Writ Petition is filed by the petitioner, under Article 226

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of the Constitution of India, seeking the following relief:

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“….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos.3 and 4 for adding the irrelated arrears to the petitioner regular electricity service No.6133204000240 is illegal, arbitrary and consequently direct the respondent nos.3 and 4 to receive the regular electricity bill amount for the connection service No.6133204000240 and set aside the irrelated arrears and to pass such other order or orders…”

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The short grievance of the petitioner in the present writ petition is that, the respondent Corporation authorities are adding the unrelated arrears to the petitioner’s regular electricity service connection bearing no.6133204000240 and thereby demanding to pay, which is contrary to law, as such filed the writ petition.

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Heard Sri K.V.Aditya Chowdary, learned counsel for the petitioner, learned Assistant Government Pleader for Energy appearing for respondent No.1 and Sri V.R.Reddy Kovvuri, learned standing counsel appearing for respondent Nos.2 to 4.

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Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that the petitioner obtained an electricity service connection from the respondent Corporation vide service connection no.6133204000240. He further submitted

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that the petitioner tried to pay the bill amount for the month of August 2023 through online which was shown arrears to a tune of Rs.2,29,743/- for which the petitioner went to the office of the respondent corporation to enquire about the same. It was informed to the petitioner by the Corporation authorities that the arrears amount is in relation to the service connection provided to ice factory of her husband and they are helpless and directed the petitioner to pay the total outstanding amount. It is further submitted that, the officials of the respondent Corporation has informed the petitioner that if the petitioner fails to pay amount including arrears they would disconnect the power supply. As the authorities have included the unrelated arrears to the petitioner service connection, the present writ petition is filed.

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On the other hand Sri V.R.Reddy Kovvuri, learned standing counsel appearing for respondent nos.2 to 4 submitted that, the petitioner’s husband also availed service connection for which certain amounts are not paid and fell arrears. Later, husband of the petitioner died. To recover the said amounts on the said service connection, by following the regulation 4.8.1 of the Andhra Pradesh Electricity Regulatory Commission and 3.5.3 of General Terms and Conditions of supply, the authorities have sent notice to the petitioner. But the same was not served on the petitioner.

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As per the regulation, the authorities can always recover through family members service connection if it is in the same compound. Admittedly, the petitioner’s service connection and petitioner’s husband’s service connection are in the same compound. As such no indulgence needs to be shown against the petitioner and the writ petition has to be dismissed at the admission stage.

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In reply to the same, learned counsel for the petitioner submitted that, the petitioner’s husband died in the year 2020 and now after three (3) years they have shown the said arrears on the petitioner’s service connection and as per Section 56 of the Electricity Act, 2003, beyond two years the authorities cannot recover the arrears and the said arrears barred by limitation. In the said circumstances, they cannot insist the petitioner to pay the arrears of the other service connection and further they cannot threaten the petitioner that they would disconnect the petitioner’s service connection as the electricity is the fundamental right and they cannot disconnect without any cogent reason, as such prayed to pass appropriate orders.

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Perused the record.

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Regulation 4.8.1. of Andhra Pradesh Electricity Regulatory Commission reads as follows:

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4.8.1 Disconnection due to non-payment: -

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Where a consumer neglects to pay any consumption charge for electricity or any other sum due from him to a

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Licensee, by the due date mentioned in the bill, in respect of supply of energy to him or in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee may, after giving not less than fifteen (15) clear days' notice in writing to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off supply of electricity and for that purpose disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such , charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply are paid, but no longer

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3.5.3 of General Terms and Conditions of Electricity Supply reads as follows:

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Notwithstanding the above provisions, the Company reserves the right, where it is reasonably established, that the consumers of the same group or family or firm or company who are availing supply under different service connections situated within a single premises by splitting the units, the Company may treat such multiple connections existing in the single premises as a single service connection and charge the total consumption of all the consumers at the appropriate tariffs applicable for a single service connection. Any officer authorized by the Company shall issue notices to the concerned consumers asking them to furnish a single application for all such services and to pay required charges for merging the services into a single service.

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Section 56 of the Electricity Act, 2003 reads as follows:

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(1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid, but no longer:

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Provided that the supply of electricity shall not be cut off if such person deposits, under protest,--

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(a) an amount equal to the sum claimed from him, or

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(b) the electricity charges due from him for each month calculated on the basis of average charge for electricity paid by him during the preceding six months, whichever is less, pending disposal of any dispute between him and the licensee.

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(2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.

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A perusal of the record and the submissions made by learned counsel on both sides, it shows that certain amount has to be paid by the petitioner’s husband to the respondent Corporation towards the service charges where the respondent Corporation is entitled to recover the said amount. This Court cannot adjudicate under Article 226 of the Constitution of India in that regard. However, if the authorities wants to invoke regulations referred supra and wants to recover the said amount from the other service connection of the petitioner when it is situated in the same compound an adjudication has to take place in that regard. In the present case no such exercise has been done by the respondent authorities.

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Without expressing any opinion on the merits of the case, this Court is inclined to dispose of the writ petition without inviting any counter by passing the following order with the

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consent of both the learned counsel, at the admission stage, by passing the following order.

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a. The respondent Corporation is herby directed to issue an appropriate notice in accordance with law for recovery of the arrears, if any, of the petitioner’s husband’s service connection, if so advised and;

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b. After receipt of the said notice, the petitioner shall submit a detailed explanation by raising all the grounds that are raised before this Court in the present writ petition and submit explanation within a period of two (2) weeks from the date of receipt of the said notice.

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c. On receipt of such explanation, the authority concerned shall provide an opportunity of being heard of the petitioner by fixing a date and after hearing the petitioner, shall pass a reasoned order in accordance with law and communicate the same to the petitioner.

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d. The petitioner shall pay the current bills in time.

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e. Till passing orders on the arrears of the petitioner’s husband’s electricity service connection, no coercive steps shall be taken on the arrears.

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