The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.35318 of 2014 Dated 20.11.2014 Between: Smt.Idris Bhanu …Petitioner And The Central Power Distribution Company of Telangana State Limited, Rep. by its Chairman and Managing Director, Hyderabad and 2 others.
…Respondents Counsel for the petitioner: Mr.JUMV.Prasad.
Counsel for the respondents: Mr.O.Manohar Reddy SC for TSCPDCL The Court made the following:
Order:
This Writ Petition is filed assailing notice, dated 17.11.2014, issued by respondent No.2- Inspector of Police, Vigilance and Anti Power theft Squad, Ranga Reddy District (East), whereunder the husband of the petitioner, who is the registered consumer, was informed that he shall pay a sum of Rs.52,450/- towards the value of the electricity, allegedly, pilfered by him besides the sum of Rs.6,000/- towards compounding fees.
At the hearing, Mr.S.V.Ramana, learned Counsel representing Mr.O.Manohar Reddy, learned Standing Counsel for respondent No.1- Company, on instructions, submitted that the aforesaid notice was issued in pursuance of the provisional assessment made by the Assistant Divisional Engineer, L.B. Nagar, towards the civil liability for the alleged theft of energy committed by the consumer and that a sum of Rs.6,000/- is determined as compounding fees.
Inasmuch as the Special Court, under Section 154 (5) of the Electricity Act, 2003, is empowered to adjudicate the civil liability of the consumers in case of theft of energy, it is appropriate that the respondents refer the said issue to the special Court under the above- mentioned provision within two months from the date of receipt of this order. As the power supply to the service connection in question is stated to have been disconnected, the respondents are directed to restore the power supply subject to the petitioner’s husband paying the compounding fees of Rs.6,000/- and 50% of the provisional assessment amount. The respondents shall not disconnect the power supply to the service connection in question for non-payment of the balance provisional assessment amount till adjudication of the civil liability of the petitioner’s husband by the Special Court.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.44176 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 20th November, 2014
LUR