K. Padma v. State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.3071 OF 2019 Date:09.04.2019 Between:

K. Padma, W/o. Ananthram Goud, Indian, aged about 52 years, Occ: Housewife, R/o.H.No.4-2-1126/1, Kanyalal Bagh, Vikarabad, Vikarabad District (previously Ranga Reddy District) .. Petitioner And State of Telangana, rep., by its Secretary, Energy Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.3071 OF 2019 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Energy appearing for respondent No.1 and learned Standing Counsel for TSSPDCL appearing for respondent No.2.

2.

Petitioner is aggrieved by letter dated 17.01.2019 whereunder, it was stated that on inspection, meter cover seals were found in suspected seal tampered condition and flickering of meter was very low compared with connected load. The meter was referred to MRT lab for testing purpose. Based on the report of MRT lab, it was alleged that dishonestly abstracting/ consuming/using electricity and therefore guilty of theft of electricity under Section 135 of the Electricity Act, 2003 (for short, 'the Act'). A provisional assessment of Rs.2,93,528/- was made subject to determination of civil liability under Section 154 (6) of the Act.

3.

Learned Standing Counsel informs the Court that the petitioner has paid 50% of the amount provisionally assessed and power is restored.

4.

In view of the same, the Writ Petition is disposed of directing the respondent - Company not to demand further amount until the decision is made under Section 154 (6) of the Act by the competent authority. The power supply shall continue to be provided to the petitioner subject to fulfilling all other requirements and payment

of electricity charges regularly. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:09.04.2019 KH