The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.37631 of 2014 Dated 06.12.2014 Between: Ch.Ranga Rao …Petitioner And The Chairman and Managing Director, Southern Power Distribution Company of TG Ltd., Vidyut Soudha, Hyderabad and 2 others.
…Respondents Counsel for the petitioner: Mr.C.S.Chakravarthy Counsel for the respondents: Mr.O.Manohar Reddy, SC for TSSPDCL The Court made the following:
Order:
This Writ petition is filed for a Mandamus to set aside the two provisional assessment notices, dated 31.10.2014, issued by respondent No.2, wherein he has provisionally assessed the energy, allegedly pilfered by the petitioner through two of his service connections bearing Nos.1501 33599 and 1501 33600, at Rs.1,37,774/- and Rs.2,92,791/-
respectively, and offered the petitioner the facility of payment of 50% thereof together with supervision charges of Rs.100/- and reconnection charges of Rs.75/- each, for restoration of power supply. Respondent No.2 also informed the petitioner that he shall pay the balance 50% amounts in two installments each and that if he is willing to compound the offence, he has to pay further sums of Rs.1,000/- and Rs.7,000/- towards compounding fees.
Under Section 154 (5) of the Electricity Act, 2003 (for short ‘the Act’), the Special Court is empowered to determine the civil liability in case of theft of energy. Therefore, I am not inclined to adjudicate on the legality or otherwise of the impugned provisional assessment notices at this stage.
Considering the serious allegations made against the petitioner on the one side and the grievance of the petitioner that the tentative conclusion arrived at by respondent No.2 was based on an ex parte MRT report on the other side, I consider that the balance of interests can be maintained, if the petitioner is permitted to pay 50% of the provisional assessment amounts.
It is stated that pursuant to the impugned notices, the petitioner has paid 50% of the provisional assessment amounts.
In view of the same, the respondents shall restore power supply to the petitioner’s service connections bearing Nos.1501 33599 and 1501 33600. The respondents are also directed to refer the issue relating to the petitioner’s civil liability to the Special Court under Section 154 (5) of the Act within one month from the date of receipt of this order. Till determination of the petitioner’s civil liability, the respondents shall not disconnect the power supply to the petitioner’s service connections for non-payment of the balance amount under the impugned provisional assessment notices.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.47084 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 6th December, 2014
LUR