Babu Singh v. The Chairman and Managing Director, Central Power Distribution Company of A.P. Ltd

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents. The petitioner questions the impugned provisional assessment notice

21.2.2005. It is stated the 3rd respondent while provisionally assessing loss on account of pilferage at Rs.40,460/- not only disconnected the power supply but also demanded to pay half of the said amount for restoration of power supply. It is stated that the said action of the respondents is squarely covered by the judgment of the Division Bench of this Court in W.A.Nos.452 and 477 of 2004 dated 11.3.2004 between M/s.Mallikarjuna Polishing Industries and Chief Managing Director, Transmission Corporation of A.P.Ltd., in favour of the petitioner. It is stated that a show cause notice has been issued and the petitioner also submitted his explanation. It is also stated that in compliance with the said provisional assessment order the petitioner has already paid half of the demanded amount i.e., Rs.22,450/- on 2.3.2005. Having regard to the facts and circumstances of the case, as the demand and disconnection even before the passing of final order is illegal and contrary to the aforesaid judgment and in violation of the provisions of Section 126 of the Electricity Act 2003, the respondents are directed to pass appropriate final orders after giving reasonable opportunity to the petitioner in accordance with law particularly with reference to Section 126 of the said Act within a period of four weeks from the date of receipt of a copy of this order. It is always open for the respondents to adjust the said amount as against the amount determined in the final order. The writ petition is accordingly disposed of. No costs. _________________

(V.ESWARAIAH, J.)

16.11.2005