M/s.Charminar Rubber Products, a proprietary concern at v. Building

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. This writ petition is filed aggrieved by the Provisional Assessment Notice dated 18-08-2004. A perusal of the impugned notice shows that the service connection of the petitioner bearing No.000142-373 Service Category LT3(a) at door No. S.F.No.5-4, Dulapally Village, Quthbullapur Mandal, Ranga Reddy District, was inspected on 17-08-2004 and during the investigation certain irregularities were noticed. On the basis of the same, it is stated that prima-facie the petitioner is guilty of pilferage and he was informed that the Superintending Engineer Assessments will conduct a detailed enquiry and it is open to him to file his representation. That apart, the value of the energy pilfered has been provisionally assessed at Rs.5,33,768/- and the petitioner was called upon to remit a sum of Rs.2,66,884/- if he is desirous of continuation of the power supply.

The said order is challenged in this writ petition. Learned counsel for the petitioner contends that the impugned notice, which is not in consonance of the provisions of the Electricity Act, 2003, is unsustainable. He contends that as per the provisions of the said Act, the respondents are not entitled to demand 50 percent of the provisionally assessed amount. It is to be noted that the Division Bench of this Court in W.A.Nos.452 and 477 of 2004, while considering the scope of the provisions of the Electricity Act, 2003, held that under the Act there is no power while issuing provisional assessment to verify, stop or disconnect power supply or even to call upon the consumer to pay a part of the provisional assessment amount till the final assessment is made. In the circumstances, following the ratio laid down by the Division Bench, I am of the view that the impugned notice cannot be sustained.