Chundru Venkanna Rao, S/O. Sri Chidambhareswara Rao v. Eastern Power Distribution Company Of Andhra Pradesh Limited

IN THE HIGH COURT OF JUDICATURE: AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION Nos.25223, 25283 and 25319 of 2015 W.P.No.25223 of 2015:

BETWEEN:

Kondepudi Dora Babu .. Petitioner AND Eastern Power Distribution Company of A.P. Ltd., rep.by its Superintending Engineer (Operation Circle), Rajahmundry, E.G. District.

and another.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 12.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO 1.

Whether reports of Local newspapers may be allowed to see the judgments? YES/NO

2.

Whether the copies of judgments may be marked to Law Reporters/Journals. YES/NO 3.

Whether their Ladyship/Lordship wish to see the fair copy of the Judgment ? YES/NO THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition Nos.25223, 25283 and 25319 of 2015 COMMON ORDER:

These writ petitions are filed challenging the provisional assessment notices issued by the second respondent-Assistant Divisional Engineer (Operation), APEDCL, Kakinada Rural, East Godavari District for theft of electrical energy. In the said notices, the respondents are demanding 50% of the assessed amount along with the compounding amount.

In the circumstances, this Court sees no reason to interfere with the impugned provisional assessment notices, as no ground is made out. However, the respondents are directed to refer the matter to the Special Court constituted under Section 154 (5) of the Electricity Act, 2003 for determination of civil liability and till such time, the respondents shall not disconnect the electricity connection or demand the payment of balance amount.

The amount deposited by the petitioners shall be subject to the final amount determined by the Special Court.

Accordingly, these writ petitions are disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any pending in these writ petitions, shall stand closed. _______________________________ A. RAMALINGESWARA RAO, J Date: 12.08.2015 Isn