HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 18643 OF 2009 DATED 9TH SEPTEMBER, 2014.
BETWEEN Alla Sangameswara Rao ….Petitioner and Southern Power Distribution Company of Andhra Pradesh Limited, rep. By its Divisional Electrical Engineer, Operation, Guntur and ors.
….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 18643 OF 2009
ORDER:
Heard the learned Counsel for the petitioner. None appeared for the respondents.
The petitioner states that he is an un-employee and was doing small and sundry jobs to maintain his family. After taking the premises situate in 6th Lane, Brundavan Gardens, Guntur, on rent, he and his brother intended to start an Internet café. He made an application to the respondent authorities to provide commercial electric power service connection and accordingly the respondents provided power connection vide SC.No.58089 in Category II of D4 Section, Guntur. Thereafter he started Internet Café on 14.01.2006 in the name and style ‘Viswa Darshini Internet Game Drome’ and they have been paying power consumption charges regularly. The average monthly power consumption was 350 units per month and he used to pay around Rs.2500/- per month. While so, he noticed that in the months of December, 2008 and January, 2009 monthly bill was less than the amount they have been paying regularly and hence he addressed letter dated 4.3.2009 to the second respondent stating that the meter was not in proper working condition and requested to rectify the same or replace the same with new meter which is in good condition. However, no action was taken by the respondents.
When the things stood thus, the petitioner was surprised to receive notice dated 29.08.2009 issued by the second respondent stating that during the course of visit, the third respondent noticed that the petitioner was committing theft of electricity by tampering the meter and thereby the petitioner was directed to pay a sum of Rs.4,59,681.60 Ps. In the said notice, it was also mentioned that the service connection of the petitioner was disconnected on ------------(no date mentioned). Challenging the same, the present Writ Petition was filed.
This Court granted interim order on 09.09.2009 and the said order was made absolute on 22.04.2014 as the learned Standing Counsel for the respondents did not get instructions in the matter.
The second respondent filed counter affidavit stating that at the time of inspection of the business premises of the petitioner by the third respondent, the petitioner was present and he has also signed the inspection note and the mater was sealed in his presence and the same was sent to the MRT lab for testing. The meter was tested in the MRT lab on 21.08.2009 in the presence of the petitioner and found change of physical features and seals of the meter. As it was found that the petitioner was indulging in the theft of energy, a provisional assessment notice had been issued on 29.8.2009 assessing the loss of energy at Rs.4,59,681/- and for restoration of power supply, the petitioner was asked to pay 50% of the said amount and the balance 50% amount in installments. The averment that the petitioner submitted letter on 04.03.2009 informing the improper working condition of the meter was denied.
To day also, when the case is called, none appeared for the respondents nor representation is made on their behalf.
In view of the pleadings and material available on record, this Court is inclined to dispose of the Writ Petition directing the respondents to take further action for determination of the civil liability as contemplated under Section 154 (5) of the Electricity Act, 2003 by referring the matter to the Special Court within a period of three months from the date of receipt of a copy of this order. Pending determination of the civil liability, service connection provided to the business premises of the petitioner shall not be disconnected.
The Writ Petition is disposed of accordingly. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO Dated 9th September, 2014. Msnro