The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38032 of 2014 Dated 10.12.2014 Between:
E.Anitha And …Petitioner Telangana State Southern Power Distribution Corporation Limited (TSSPDCL) rep. by the Divisional Engineer (Operations) Nalgonda District-T.S. and 2 others.
…Respondents Counsel for the petitioner: Mr.E.Satyanarayana 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 notice in Lr.No.ADE/O/ALR/D.NO.1026/14, dated 29.10.2014, issued by the Assistant Divisional Engineer, Operation, Aler (for short ‘the ADE’), of respondent No.1- Corporation.
The petitioner pleaded that she is the registered consumer of respondent No.1- Corporation and had been availing the power supply under service connection bearing No.DTCategory LT II(B), which is Non-Domestic/Commercial, for running a poultry farm. It is further pleaded by her that the impugned notice has been issued by the ADE stating that the Assistant Divisional Engineer, SD-II, DPE, Nalgonda, has inspected her premises on 24-10-2014 at 19-10 hours; that it was observed that the consumer is utilizing the power supply directly from the LT bushing of single phase transformer with the help of service wire to the poultry farm; and that therefore, the consumer is indulging in theft of energy by direct tapping. The ADE has, accordingly, assessed the alleged loss due to theft of energy at Rs.69,707/- besides fixing the compounding fee at Rs.27,000/-. By the impugned letter, the petitioner’s husband was called upon to pay the assessed amount for restoration of power supply and directed to approach the Station House Officer, Vigilance and APTS Team, Nalgonda, for paying the compounding fees of Rs.27,000/-.
The petitioner alleged that while she is the registered consumer, the impugned notice was issued in the name of her husband. She has also averred that her domestic service connection was also disconnected though no allegations have been made in respect thereof.
Mr.O.Manohar Reddy, learned Standing Counsel for the Telangana State Southern Power Distribution Corporation Limited (TSPDCL), representing the respondents, submitted that as the consumer was found utilizing the electricity by directly tapping from the LT bushing of single phase transformer, the impugned provisional assessment notice has been issued. He has also submitted that as the petitioner failed to pay the provisional assessment amount, the respondents have disconnected the power supply to her domestic service connection also, which is a link service, under Section 56 of the Electricity Act, 2003 (for short ‘the Act’).
The issues whether the petitioner is the registered consumer and whether the impugned notice issued in the name of her husband is improper or not need to be adjudicated by the Special Court under Section 154 (5) of the Act. However, for the present, what needs to be considered is what would be the appropriate amount that should be paid by the petitioner for restoration of power supply to her service connections.
Considering the fact that the impugned demand is made based on an ex parte provisional assessment, which, in turn, is based more on the theoretical parameters rather than the practical considerations, it is appropriate that the petitioner pays 50% of the provisionally assessed amount i.e., Rs.35,000/- besides paying the compounding fee of Rs.27,000/-. On such payment, the respondents shall restore the power supply to both the service connections of the petitioner. Within two months of restoration of power supply, the respondents shall refer the dispute to the Special Court, under Section 154 (5) of the Act, for adjudication of the petitioner’s civil liability.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.47572 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J)
Dt: 10th December, 2014
LUR