HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 23257 OF 2009 DATED 5th December, 2014.
BETWEEN Sri Gulam Saqlani ….Petitioner And Andhra Pradesh Distribution Company Limited, Rep. by its Assistant Divisional Engineer (Opertions) Golkonda, APCPDCL, Hyderabad and anr.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 23257 OF 2009
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is running a small shop of selling bakery items and cool drinks under the name and style of M/s. G.S. Hot and Cool Zone in a small mulgi situated at premises bearing No.9-4-125/1/A. He has obtained electricity power supply connection in the name of his wife vide S.C.No.59008244 under Category. LT-2-Non domestic and Commercial. While so, a notice for theft of electricity energy was issued by the first respondent on 24.10.2010 pursuant to the inspection conducted on 19.10.2009. In pursuance thereof, a case in Crime No. 517 of 2009 was registered and pursuant to the compounding of offence, the petitioner paid an amount of Rs.42,000/-. However, the respondents disconnected the power supply on 27.10.2009 asking the petitioner to pay an amount of Rs.1,78,365/- for the restoration of power supply.
This Court by order dated 29.10.2009 directed the respondents to restore the power supply on condition of the petitioner depositing Rs.1,00,000/- and the petitioner has deposited the said amount. Now civil liability has to be determined by the Special Court constituted under Section 154(5) of the Electricity Act, 2003.
In view of the same, this Writ Petition is disposed of directing the respondents to refer the matter to the Special Court constituted under Section 154 of the Electricity Act,2003 within a period of three months from the date of receipt of a copy of this order for determination of the civil liability on the petitioner pursuant to the allegation of theft of electrical energy levelled against him (the petitioner). The amount already paid by the petitioner shall abide by the verdict of the Special Court. It is made clear that so long as the petitioner pays electrical consumption charges, the power supply to the petitioner shall not be disconnected.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 5th December, 2014. Msnrx