HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 5114 OF 2004 DATED 2nd December, 2014.
BETWEEN Ashok Kumar Kimtee ….Petitioners And The Superintending Engineer, South circle, AP Transco Ltd., Mint Compound, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 5114 OF 2004
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner’s premises bearing No. 4-5-150 was given separate power service connections bearing Nos. G.1 2342, G- 1 2343, G-1 2348, G-1 2349, G-1 2350, G-1 1351 and G-1 1508.
Out of the said power connections, G-1 2342, G-1 2348 and G-1 2349 are domestic category. On 05.09.2001 the third respondent came to the said premises and on verification found that service connection bearing No.G-1 2342 was not properly working and proposed for inspection of the same. Thereafter they issued a provisional assessment notice dated 08.09.2001 for an amount of Rs.2,62,395/- alleging that there was pilferage of power for a period of one year i.e. from 9.2.2000 to 9.2.2001 with a total connected load of 9.794 KVA. The petitioner paid an amount of Rs.1.31,198/- representing 50% of the amount in demand and filed Writ Petition No. 20832 of 2001 which was disposed of by this Court at the admission stage directing the respondents to restore the power supply if the petitioner paid half of the demanded amount and pass appropriate orders on his representation dated 15.07.2002. It appears that the third respondent issued another notice alleging that the petitioner was due an amount of Rs.25,301/- on account of current consumption charges in respect of the meter bearing SC.No.G.2342. The provisional notice was confirmed in the order No.DEA/I/HYD/DAT.23073/D.No.10919, dated 20.03.2004 by the Divisional Engineer, Assessments, Hyderabad assessing the pilfered energy at Rs.1,76,064/- in respect of Service Connection No. G.1 2342 of LT Category-I situated in premises bearing H.No.4-5-150, Hasmathgunj, Hyderabad. Though there is provision for filing an appeal to the Superintending Engineer, Assessments, the petitioner filed the present Writ Petition challenging the action of the respondents in not disposing of the representations of the petitioner dated 18.02.2004, 10.03.2004 and 12.03.2004 and for a consequential direction to the third respondent to verify and ascertain actual amount to be paid for actual consumption as per meter reading and thereafter adjust the amount already paid.
This Court in the judgment dated 13.01.2004 passed in Writ Appeal No. 179 of 2004 arising out of the order dated 5.1.2004 passed in Writ Petition No. 17 of 2004, held as follows: “ After hearing counsel for the parties, it appears that there is some confusion in the mind of the appellant.
One half of the demanded amount, which was deposited by the appellant, was towards the provisional assessment and as a condition of his depositing half of the amount, the respondents have to conclude the enquiry and make final assessment on the alleged charge of pilfered energy by the appellant. Since power supply was restored pursuant to the order dated 19.07.2002, there is no manner of doubt that the appellant is bound to pay the current charges of the power consumed and in case demands have been raised for the s aid amount, filing of writ petition by the appellant is misconceived. As such, we are of the view that by this order we will depose of W.P.No. 17 of 2004 filed by the appellant by directing the respondents that on appellant putting appearance before AAO/ERO (OP/SB), C.P.D.C.L., South Circle, Sultan Bazar, within a period of one week from today, the Assistant Accounts Officer will appraise the appellant of the arrears, if any, due and payable for the power supply consumed by the appellant after it was restored pursuant to the order dated 19.07.2002 till it was disconnected and on appellant depositing the said amount, respondents will restore the power supply and the same w ill be continued to remain in operation so long as the appellant continues to deposit the current power charges as demanded by the respondents. Insofar as the earlier provisional assessment is concerned, the same will be considered and decided by the respondents in accordance with law.”
In view of the above order, the petitioner is under obligation to pay the current power charges as demanded by the respondents. However the issue with regard to the provisional assessment, the same was left open to the respondents. Now final order is passed, and it is admitted by both parties that pursuant to assessment of an amount of Rs.1,31,198/-, the petitioner paid half of the said amount. In view of the same, this Writ Petition is disposed of giving liberty to the petitioner to prefer an appeal against the final assessment order No. No.DEA/I/HYD/DAT.23073/D.No.10919, dated 20.03.2004, if so advised, within a period of three months from the date of receipt of a copy of this order and upon filing of such an appeal, the appellate authority shall consider the same in accordance with law and pass appropriate orders thereon. It is needless to mention that pursuant to the disposal of the said proceedings, the petitioner is under obligation to pay the current consumption charges without fail.
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 2nd December, 2014. Msnrx