ANDHRA PRADESH STATE ELECTRICITY BOARD Vs. B V RAGHAVENDRA RAO
LAWS(APH)-1972-9-21
HIGH COURT OF ANDHRA PRADESH
Decided on September 25,1972

ANDHRA PRADESH STATE ELECTRICITY BOARD, REPRESENTED BY DEPUTY CHIEF ACCOUNTANT (REV. OFFICE) KANNAVARITHOTO, GUNTUR Appellant
VERSUS
B.V.RAGHAVENDRA RAO Respondents

JUDGEMENT

- (1.) The dispute in this case relates to court fee payable on plaint. The A.P. State Electricity Board and its Assistant Engineer, who are defendants 1 & 2 in the suit have brought this revision petition questioning the correctness of the lower court's decision that the court fee paid by the plaintiff was correct.
(2.) The question arose in the following circumstances : The plaintiff is a proprietor of a restaurant. One of the Officers of the Electricity Board on inspection detected pilferage of electric power by the plaintiff. Consequently a disconnection notice was given to him on 25-1-1971. The plaintiff was also informed that the cost of the pilferred electric power was estimated at Rs. 3,264/- and if he paid half of it, the supply of power would be resumed to him. Thereupon the plaintiff filed a suit for a declaration that the disconnection was illegal because there was no pilferage and for an injunction directing the defendants to resume his electric connection. He purported to value it under section 24(b) of the A. P. Court fees and Suits Valuation Act and valued it at Rs200/- and paid a court fee of Rs.12/- thereon.
(3.) The Electricity Board and its Assistant Engineer who are defendants 1 and 2 objected to the sufficiency of the court fees They contended that the suit should have been valued under section 24 (d) and the court fee should have been paid on Rs. 3264/- which is the value of the pilferred electric power. The lower court, however was not inclined to uphold this objection and held that the court fee paid was adequate. Hence the present revision by the Electricity Board and its Assistant Engineer.;


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