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High Court for State of TelanganaWP/25573/2017disposed of no costs

Mr. Syed Khazim Ali Hashami (P-Bene), S/O. Syed Kursheed v. The State Of Telangana, Rep. By The Principal Secretary,

2017-08-01A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.25573 of 2017 ORDER:

The petitioner is having a service connection bearing SC No.A5014354. While so it was inspected on 14.07.2017 by the ADE SD-I, DPE, Hyderabad North, and it was found that the meter box seal bit No.5056935 was in tampered condition. Accordingly, after testing, theft of energy case was booked under Section 135 of the Electricity Act, 2003. A provisional assessment of electrical charges was made and pending determination of civil liability, the petitioner was asked to make payment of 50% of the assessed amount i.e., Rs.1,28,957.5 and supervision charges of Rs.100/- along with reconnection charges of Rs.75/- for restoration of supply and to pay the balance 50% amount in two installments. Challenging the same, the present Writ Petition is filed.

In the circumstances and in view of insisting for payment of 50% of the assessed amount, this Court feels that the case of the petitioner shall be referred for determination of civil liability, on condition of the petitioner paying 1/4th (one fourth) of the provisionally assessed amount to the respondents, within a period of thirty (30) days. On such payment, the electricity service connection shall be restored to the petitioner and the case of the petitioner shall be referred to the Special Court for determination of civil liability.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 01.08.2017 vs