HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30761 of 2014 Date:15.10.2014 Between:
Yousuf Mohammed, S/o Jan Mohammed . Petitioner And:
The Govt of A.P., reptd by its Principal Secretary, Department of Energy, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri P.Rajesh Babu Counsel for Respondent Nos.2 to 4: Sri O.Manoher Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents in demanding the balance of the provisional assessment amounts in respect of two Service Connections of the petitioner as illegal and arbitrary.
The petitioner averred that he is the owner of the premises bearing D.No.11-3-664/403, Parsigutta, Secunderabad and having two Service Connections, viz., S.C.No.V6035541 Category LT-II (B)-Non-
domestic/Commercial and S.C.No. VZ028520 Category LT-I (B)-Domestic and that a tenant is in occupation of the ground floor, which has commercial Service Connection, running bakery business since 01.12.2013. The petitioner further averred that earlier, another tenant by name Jagdish Goud was running medical business till November 2013; that the petitioner was served with provisional assessment notices, dated 31.01.2014, alleging that he has indulged in theft of electrical energy; and that the respondents have provisionally assessed the loss sustained by such theft at Rs.1,57,842/- and Rs.29,077/- in respect of the afore-mentioned two Service Connections. The petitioner has paid half of the said demanded amounts and allegedly filed an appeal before respondent No.2 on 28.02.2014. Respondent No.4 has issued demand notices, dated 20.09.2014, calling upon the petitioner to pay the balance 50% of the demanded amounts, viz., Rs.78,921/- and Rs.14,538/-. Feeling aggrieved by these notices, the petitioner filed this Writ Petition.
I have heard Sri P.Rajesh Babu, learned counsel for the petitioner and Sri O.Manoher Reddy, learned Standing Counsel for respondent Nos.2 to 4.
Section 135 of the Electricity Act, 2003 (for short ‘the Act’) deals with theft of electricity. Under Section 154 of the Act, every offence punishable under Sections 135 to 139 of the Act shall be triable only by the Special Court within whose jurisdiction such offence has been committed. Under sub-section 5 thereof, the Special Court shall determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined, whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of civil suit.
From the admitted facts of this case, it is evident that the dispute is at post provisional assessment stage and the respondents have not referred the dispute to the Special Court so far, evidently, on the ground that the petitioner has not paid the balance 50% of the demanded amounts. The petitioner is seriously disputing the allegation that he has indulged in theft of electricity. In case of any malpractice other than theft, a consumer is liable to pay the tariff at twice the normal electricity charges, while in the case of theft, the minimum liability of the consumer shall be at thrice the normal electricity charges. The petitioner has already paid about Rs.1 lakh as against the total sum of Rs.1,80,000/- assessed under the provisional assessment notices Therefore, this Court is of the opinion that on payment of some more reasonable amount by the petitioner, the respondents shall refer the dispute relating to the petitioner's civil liability to the Special Court and continue the power supply to the petitioner’s two Service Connections till such liability is determined.
Accordingly, the petitioner is directed to pay another sum of Rs.50,000/- within one month from today. On such payment, the respondents shall refer the dispute to the Special Court for adjudication of the petitioner's civil liability. Till such dispute is determined, the respondents shall not disconnect the power supply to the two Service Connections of the petitioner only on the ground of non- payment of the amounts assessed under the provisional assessment notices.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.38454 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
15th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY