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High Court for State of TelanganaWP/26058/2015disposed of no costs

Khalid Baqrisa, v. The Chairman And Managing Director,

2015-08-18A Ramalingeswara Rao2 pages

IN THE HIGH COURT OF JUDICATURE: AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.26058 of 2015 BETWEEN:

Khalid Baqrisa .. Petitioner AND The Chairman and Managing Director, Southern Power Distribution Company of TG Ltd., Hyderabad, and 2 others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 18.08.2015.

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 No.26058 of 2015 ORDER:

The petitioner is an electricity consumer having service connection bearing SC No.2735 01350 under category LT II (B). The premises owned by the petitioner were let out to a tenant for running a hotel. An inspection was conducted by the second respondent on 19.01.2015 and it was detected that there was theft of electricity.

Pursuant to the inspection, a provisional assessment notice was issued by the third respondent on 03.03.2015 asking the petitioner to pay 50% of the assessed amount along with supervision charges and reconnection charges, apart from compounding amount of Rs.7,000/-.

In view of the nature of allegation against the petitioner which is a case of theft, this Court is not inclined to interfere with the letter issued by the third respondent. However, the third respondent is directed to refer the matter to the special Court, as soon as the petitioner pays the demanded amount, for determining the civil liability under Section 154 (6) of the Electricity Act, 2003. It is needless to say that on deposit of the said amount, the petitioner's electricity service connection should be restored. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any pending in this writ petition, shall stand closed.

_______________________________ A. RAMALINGESWARA RAO, J Date: 18.08.2015 Isn