The Hon'ble Sri Justice C.V.Nagarjuna Reddy
Writ Petition No.31370 of 2014
Date:18.10.2014
Between:
Pamuru Krishna Reddy And:
Southern Power Distribution Company of A.P., Limited, rep. by its Superintending Engineer (Operation Circle) Nellore and 3 others.
Counsel for the Petitioner: Sri N.Siva Reddy . Petitioner . Respondents Counsel for Respondent Nos.1 to 4: Mr.P.Vinod Kumar, SC for Corporation The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the proceeding in Lr.No.ADE/C&O/KTA/F.doc/DNO.1648/14, dated 24.09.2014, of respondent No.3, whereby he has provisionally assessed the value of the energy allegedly stolen by the petitioner.
Respondent No.3, who made the provisional assessment under the above-mentioned proceeding, has also directed the petitioner to approach respondent No.4 for payment of compounding fee of Rs.30,000/- for closure of criminal case as first offence under Section 154 of the Electricity Act, 2003 (for short ‘the Act’).
At the hearing, it is conceded by learned Counsel for both the parties that the issue raised in this Writ Petition is similar to that raised in W.P.Nos.30981 and 30982 of 2014, which were allowed in part, by order, dated 16-10-2014, with the direction to respondent No.4 to accept the offer of the petitioners therein for compounding the offence without insisting on proof of payment of any part of the provisional assessment amount.
In view of the same, this Writ Petition is also allowed in part with the direction that the directions and observations contained in the orders passed in the aforesaid Writ Petitions shall form part of this order.
As a sequel, W.P.M.P.No.39208 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 18th October, 2014 lur