M/S.Tilak Show Room, Ready Made Garments Shop v. Eastern Power Distribution Company Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.13399 OF 2012 DATED:16-7-2015 Between:

M/s. Tilak Show Room Readymade Garments Shop SC No.110000172720 at Door No.47-3-25 Dwarakanagar, Visakhapatnam Rep. by its Manager ... Petitioner And Eastern Power Distribution Company of Andhra Pradesh Limited Rep. by its Superintending Engineer (Operation Circle) Visakhapatnam and others ... Respondents ... Respondents COUNSEL FOR THE PETITIONER: Mr. N. Siva Reddy COUNSEL FOR THE RESPONDENTS: Mr. M. Ravindra, Standing Counsel for APEPDCL

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed for a mandamus to set aside letter No.ADE/C&O/DPT/VSP/Dkt.No.DPT-11/12, D.

No.985/12, dt.27.4.2012, of respondent No.3 whereby he has provisionally assessed a sum of Rs.27,11,426/- towards the value of power supply allegedly pilfered by the petitioner.

This Court on 2.5.2012 while ordering notice granted an interim direction to the respondents to restore the power supply subject to the petitioner depositing Rs.12.00 lakhs. At the hearing, learned counsel for the parties submitted that the said order has been complied with. Under Section 154(5) of the Electricity Act, 2003, the Special Court is conferred with the jurisdiction to determine the civil liability of the consumers who have allegedly indulged in theft of energy. In the light of this provision and having regard to the fact that the petitioner has deposited 50% of the provisional assessment amount, respondent Nos.2 and 3 are directed to refer the dispute relating to the petitioner's civil liability to the competent Special Court within three months from the date of receipt of this order. Till the petitioner's civil liability is determined by the Special Court, the respondents shall not take coercive steps for recovery of the balance amount under the provisional assessment order.

Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P. No.16699 of 2012 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 16-7-2015 bnr