M/ S. Sri Venkateshwara Slice Industry , v. The Southern Power Distribution Company Of Telangana ,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.10845 of 2018 ORDER:

Heard learned counsel for the petitioners and Sri R.Vinod Reddy, learned Standing Counsel for the respondents. When the matter is taken up it is submitted by the learned Standing Counsel that the issue involved in the present Writ Petition is squarely covered by the order of this Court in W.P.No.27781 of 2017, dated 21.08.2017. A copy of the said order is placed on record. The operative portion of the said order reads as under:

"Since this is a case of theft of energy, the liability of the petitioner has to be decided by the competent Special Court. As stated above, the petitioner had already paid 50% of the assessment amount and in view of the same, there cannot be any disconnection of electricity supply till the liability of the petitioner is determined by the Special Court constituted under Section 153 of the Electricity Act.

In view of the above, the writ petition is disposed of directing the respondents to refer the matter to the Special Court for determination of civil liability and till such determination, the electricity service connection of the petitioner shall not be disconnected.

Following the above said order and for the reasons recorded therein, this Writ Petition is also disposed of in terms thereof, with a further direction to the respondents not to disconnect the electricity supply subject to the petitioner paying Rs.1,50,000/- (rupees one lakh fifty thousand only) within a

period of six weeks from today. There shall be no order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

Office to enclose a copy of the order, dated 21.08.2017, passed in W.P.No.27781 of 2017 & batch to this order. __________________ A.V.SESHA SAI,J 03rd April, 2018 Tsy