Syed Azmad v. The Chairman And Managing Director

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.42016 OF 2017 ORDER:

The petitioner is challenging the proceedings dated 01-11-2017 wherein and whereby, the petitioner's service connection was provisionally assessed at Rs.61,412/- on the ground that there is pilferage of electricity. Learned counsel for the petitioner submits that there is no theft committed by the petitioner and the petitioner will be able to substantiate his case in the enquiry to be held under Section 154 of the Electricity Act (for short "the Act"). It is also stated that the meter seals are intact. It is not the case of cheating.

On the other hand, Sri R.Vinod Reddy, learned Standing Counsel for the respondent-Corporation submits that it is clear case of cheating and further says that 50% of the assessed amount shall be paid for reconnection of service connection.

It is to be seen that civil liability is to be decided under Section 154 of the Act. In view of the same, it is open for the petitioner to raise all his contentions before the Special Court. Having regard to the above, the writ petition is disposed of with a direction to restore electricity connection subject to condition that the petitioner shall pay 50% of the demanded amount i.e. Rs.15,000/- (Rupees fifteen thousand only).

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 12-12-2017 Nvl

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 07-11-2017 Nvl