The High Court · 2025

Heard Ms.Chinthala Pallavi, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of the respondent No.1 and Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondent Nos.2 to 4.

2. The petitioner approached the Court seeking prayer as under: \.......to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus directing the Respondent Officials to dispose of the Representation dt 10.02.2025 issued to the 4th Respondent pending the same not to take any coercive steps including the disconnection of power supply against the Petitioners service _ connection No. 43002537 without following due process of law and pass...."

3. It is specific case of the petitioner that the petitioner is the absolute owner and possessor of H.No. 70-5-29/t & 10-S- 29/2, admeasuring 587.54 Sq.Yards situated at Masab Tank. The petitioner herein is a consumer of electricity Service 2 Connection No.A3002537 under category LT II (B)- Non Domestic/Commercial above 50 Units/Month at Masab Tank and is business of Befresh Mart on the Ground Floor. On 05- 02-2025, the petitioner received a provisional assessment notice for theft of electricity for service connection No. A3002537 from the 4th Respondent herein vide letter No. Lr. No. Lr. ADE/O1/MP/D-27 /CCID.No.226s/24, dated 30-01- 2025 under section 135 of the Electricity Act, 2003, directing the petitioner to pay an amount of Rs.2,07,728/-. It is further the case of the petitioner that in the said notice, it is stated that, there was an inspection on 28-10-2024 at 12:40 hours by K.Naga Sekhar, ADE SD-I, DPE, Hyderabad Central and the alleged tampered meter was taken by the department on 08-07 -2024 itself and hence, the question of inspection on 2B-lO-2024 does not arise and said notice is issued by the respondents is only for the purpose of falsely implicating the petitioner in a theft of electricity. Aggrieved by the same, the petitioner herein submitted a representation dated 10-02-2025 to the 4th respondent, requesting lo withdraw the provisional assessment notice dt. 3 30-01-2025 contending that petitioner is ready and willing to pay the compounding fee as demanded by the department "under protest." Accordingly, the petitioner had even paid compounding fee on 18-02-2025. However, the respondents had not initiated any action on the representation of the petitioner dated 10.02.2025 till as on date. Aggrieved by the said inaction of the respondents in considering petitioner's representation dated 10.02.2025 addressed to the 4th respondent, the present writ petition is filed.

4. The relevan portion of the imouqn provisional assessment notice Lr.No.Lr.ADE I Oo I MP I D- 27 ICClD.No.2265 / 24, dated 3O.O1.2O25 issued bv the 4th resoonden t herein to the oetitioner is extracted hereunder: -

3. Nature of Offence reported These taken in conjunction with the above- mentioned factors indicate prima-facie that you are dishonestly abstracting/ consuming/using electricity and you are guilty of Theft of Electricity under Section 135 of the Electricity Act, 2OO3.

4. Hence your service connection was disconnected on : 30-01-2025

5. Recovery of Loss of Revenue 4 Pending determination of the civil liability by the appropriate court u/s 154(5) of the Electricity Act, 2003 the Electricity charges due to the Company have been proviSionally assessed at Rs. 2O712g.0, based on the Assessment Rules contained in Appendix XII and the provisions of clause 10 of the General Terms and Conditions of Supply approved by the AP Electricity Regulatory Commission. The calculation sheets for the same are enclosed for your reference.

6. Future Course of Action If you wish to obtain a reconnection, you may pay 50% oF the assessed amount of Rs.103564.0 + Supervision charges including GST of Rs.100 + Reconnection charges of Rs. 75 the AAO/ERO- RETHIBOWLI(designated officer for payment of assessed amount), for restoration of supply and pay the balance 50o/o amount in two installments. In addition to and simultaneously with these assessment proceedings for recovery of electricity charges under Section 135 of the Act in accordance with clause 10 of the GTCS, the concerned Designated Officer of the Company will initiate proceedings against you for me amount paid by you pursuant to this provisional assessment will be adjusted against the civil liability to be determined by the Appropriate Court as provided u/s 154(6) of the Act. A Criminal case on account of theft of energy has been registered against you in the Vigilance & APTS Team-II, APTS Police Station. You may approach SHO, Vigilance & APTS Team-II, 1't Floor, A-block, Corporate Office, Hyderabad for paying the compounding fees Rs.32000.0 for closure of criminal case as first offence as per Sectionl54 of IE Act. 5 Category Connected Load SN, J Applicable Compounding Amount (RS) LT II(B)-Non Dom estic/Com mercia I- Above 50 Units/Month 7420

32000.0

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner made a detailed representation dated 10.02.2025 addressed to the 4th respondent herein ,and requested the 4th respondent herein to drop the proceedings initiated against the petitioner vide impugned provisional assessment notice dated 30.01.2025 contending that the petitioner did not indulge in any theft of electricity as alleged by the 4th respondent against the petitioner vide the impugned provisional assessment notice, dated 30.01.2025 and hence, petitioner's representation, dated lO.O2.2O2S addressed to the 4th respondent needs to be considered. Learned counsel appearing on behalf of the petitioner further submits that though the impugned provisional assessment notice, dated 30.01.2025 indicates that the Subject service connection had been disconnected on 30.01.2025 there had been no disconnection of the subject l l I l l 6 electricity service connection bearing No.A3002537 (UKSCNO- 101408169) till as on date and the interest of the petitioner may be protected till the petitioner deposits the 50o/o of the amount as indicated in the impugned provisional assessment dated 30.01.2025 issued by the 4th respondent to the petitioner h e rein.

6. Learned standing counsel appearing on behalf of the respondent Nos.2 to 4 contended that the impugned provisional assessment notice, dated 30.01.2025 on perusal very clearly indicates that vide the impugned provisional assessment notice, dated 30.01.2025 of the 4th respondent herein, the petitioner is called upon to deposit an amount of Rs.2,O7,l2B/- based on the Assessment Rules contained in Appendix XII and the provisions of clause 10 of the General Terms and Conditions of Supply approved by the Ap Electricity Regulatory Commission, in view of the fact that the electricity charges due to the company had been provisionally assessed at Rs.2,O7,728/- pending determination of the civil liability by the appropriate Court under Section 154(5) of the Electricity Act, 2003 and therefore, the petitioner is bound to pay 50% 7 SN, J of the amount as indicated in the impugned notice, dated 30.01.2025 of the 4th respondent herein issued to the petitioner for initiation oli appropriate action by the respondent No.4 under Section 154(5) of the Electricity Act,2003 and therefore, at this stage the relief as prayed for by the petitioner cannot be granted.

7. Section L54(s oft e Electricitv Act.2Oo3is extracted hereund er:- (5)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 court. a) The aforesaid f cts an circumsta nces of the se. b) The su missio s made bv e learned coun aoDearinq on behalf of the etitioner and I 8 tandin coun a r half of e res Nos. to 4. e con nts of the notice Lr. N o.Lr.ADE/Oo/ MP/D- c) 27 I cclD.N .226st 4, dated 30.01 2025 , ued bv the 4th resDon ent to the o ( referred to and itioner extracted above). d)section 154(s) of the El icitv Act. 20O3 (referred r cte VE The Writ Petitio n is disoo sed of o bservinqasun er:- i) The resoo ndents are directed not to discon nect the su biect electricitv service conn ction of the Detitioner bea rinq SC.No.A3OO2 37 (UKScNo- 140a1 69 .ifn of alreadv discon nected a son 10 date. ii) The petitioner is di to deoosi 5oo/o of the prov ional assessm ent u n n otice,

30. 01.2025 a he oetitioner bv the 4th l I I I i I o resDondent. within a riod of four (04) weeks c e r iii) UoontheD etitioner deoositin q Soo/oof amo nt as indicate in the imou qned orovisional assessment noti.ce, 30.o 1.2025 a ued to t e Detitioner bv t e 4th ndent w thin a oe iod of four (O4) from the date of recei t of coov of the order, re dir e h I I subi ct issu as ma ndated nder Section 154( 5) of the Electricitv Act, 2O O3 within four o4 w ks th e com u ion 1 5 of ntS Act- 2OO3 for Dasstno of aoorooriate ord ers bv the Soecial Court. iv) to in coercive steos aqainst the Detitioner in u n n the o ass ment notic e, dated 30.O1.2O25 issued to tioner bv he 4th resoondent till t e civil liabilitv bv the aoorooriate Court under Section I I 10 154(s) of th E! icitv Act. 2003 a ro r the Soecial Cciurt.

9. with these bove observa tions. the Writ Petition is d IS osed of. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR r\L_- u sEcrrou OFFICER To, 1 The Principal Secretary Energy, Telangana Secretariat, T'S ,Hyderabad -500 063. Mint bompound, Hyderabad, Telangana State.-, T0 063' Office Sub Station, Punjagutta, Hyderabad - 500 082. Z. ifre Cfrairman and Manaqing Director, The Southern Power Distribution - 6;il;t of telangana Lid.iHaving its off,rce at D^o-or No 6-1-50, 5th Floor' e. inJAati.-Atiistani Engineei, Asseisments, 1''- El-ooa 33/'1 1 KV CM Camp +. inJAsiistani oiviilonai E'nsineei, Mehd ipatnam, TGSPQCL, Hvderabad' 5. One CC to tMs. CHINTHALA PALLAVI, Advocate [OPUC] - 6. i;; CCs to GP FoR ENERGY ,High Court for the State of Telangana at T Ohe CC to SRl. N. SRreonRR REDDY, SC [OPUC] 8. Two CD Copies Hyderabad [OUT] \ l BM BSu \ HIGH COURT DATED:2010212025 CC TODAY , ORDER WP.No.5225 of 2025 -{ 1 r; I r,'.- I I ,I \- 2 4 r[ts ]$[ DISPOSING OF THE WRIT PETITION WITHOUT COSTS I l I I I p6 eLl