HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29226 of 2014 Date : 17-10-2014 Between :
S. Bali Reddy ..
Petitioner And Southern Power Distribution Company of Telangana Limited, represented by its Assessing Officer, Banjara Hills, Hyderabad .. Respondent Counsel for petitioner : Sri C. Raghu Counsel for respondent : Sri O. Manohar Reddy, Standing Counsel The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of the respondent in not initiating steps under Section 154 of the Electricity Act 2003 (for short "the Act") for determination of civil liability of the petitioner in pursuance of letter No.ADE/OP/BHills/D.No./1000, dated 18- 8-2014 of the respondent, as illegal and arbitrary.
At the hearing, Sri C. Raghu, learned Counsel for the petitioner, submitted that in addition to payment of compounding fees, his client has paid 50% of the provisional assessment amount and that therefore the respondent is under an obligation to refer the issue relating to the petitioner’s liability to the Special Court under Section 154(5) of the Act.
Sri O. Manohar Reddy, learned Standing Counsel appearing for the respondent, submitted that as per the Regulations framed by the A.P. Electricity Regulatory Commission, a licensee can seek reference of the dispute for determination of civil liability to the Special Court only if he pays the entire provisional assessment amount.
In my opinion, Section 154 of the Act is not hedged-in by any such condition of payment of the entire provisional assessment amount for reference of dispute to the Special Court for determination of civil liability and therefore it would be unreasonable to insist that the consumer who is disputing the provisional assessment amount shall be made to pay the entire amount as a condition for reference of his dispute to the Special Court. Considering the fact that a sum of Rs.12,55,234/- was provisionally assessed and the petitioner has paid 50% thereof, I feel it appropriate that the petitioner pays another sum of Rs.1 lakh within one month from today. On such payment, the respondent shall refer the dispute to the Special Court under Section 154(5) of the Act. The respondent not shall disconnect the power supply to the petitioner’s premises for non-payment of the balance amount under the provisional assessment notice till determination of his liability by the Special Court.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.36538 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 17-10-2014 AM