M/S. Delux Plastic Works v. Telangana Transmission Corporation

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No. 31063 of 2018 O R D E R:

This writ petition is filed challenging the order dated 12.07.2018 passed by the respondent No.3 alleging that the petitioner is dishonestly abstracting/ using electricity directly without any meter and had connected to a three phase change over via an MCB suppressing the actual consumption to the service and assessing petitioner's civil liability at Rs.17,83,577/ - and directing the petitioner to pay the same to the respondent authorities. It is also stated that there is disconnection of the electricity supply to the service connection of the petitioner on 12.7.2018 on the ground that there was theft of electricity, which is punishable under Section 135 of the Electricity Act, 2003 (for short 'the Act'). In similar matters, this Court has directed the petitioner to pay 50% of the provisionally assessed amount directing the respondents to refer the matter to the Special Court constituted Under Section 154(5) of the Act for determination of the civil liability and till such determination, the electricity service connection of the petitioner shall not be disconnected.

In this view of the matter, this writ petition is disposed of directing the petitioner to pay 50% of the provisionally assessed amount to the respondent No.3; on payment of the same, the 3rd respondent shall restore power supply to the petitioner's service connection and shall not disconnect the same while referring the matter to the Special Court constituted under Section 154(5) of the Act. No costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

________________________________________ HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO 30.08.2018 Mjl

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No. 31063 of 2018 30.08.2018 Mjl/ *