Telangana High Court

WP/24672/2004 of Khaja Nizamuddin, Vs The A.P. Central Power Distribution Company Limited, on 29 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24672 of 2004 Between: Khaja Nizamuddin, S/o. Khaja Moinuddin, R/o. H.No.

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24672 of 2004

Between:

Khaja Nizamuddin, S/o. Khaja Moinuddin,R/o. H.No. 8-1-366/A/106, Fathima Nagar, Rathi Bowli, Hyderabad.

..... PETITIONER

AND

1 The A.P. Central Power Distribution Company Limited, Rep. by its Member - Secretary, Vidyuth Sowda, Khairathabad, Hyderabad.

2 The Superintendenting Engineer/D.E. (Assessments), Mint Compound,Hyderabad.

3 The Assistant Divisional Engineer (Elect.) and Provisional Assessing Officer, D-IV, City-VII, A.P. Central Power Distribution Company Limited, Rethi Bowli, Hyderabad.

4 The Circle Inspector of Police, Team-II, Police Station, Vigilance & Anti-Power/Theft Squad, Vidyuth Sowda, Khairathabad, Hyderabad.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue writ or order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the Respondents in demanding me to pay a sumof Rs.49,763/- vide Provisional Assessment Notice in Case No. HDC/DO-4/00658/DP-1/04, dt. 13-12-2004 as bad, arbitrary, illegal and violative of principlesof natural justice and consequently direct the Respondents not insist for payment ofthe said amount and not to initiate any action against me in respect of the electricityconnection vide S.C.No.S9-9638.

Counsel for the Petitioner:MR.C.DAMODHAR REDDY

Counsel for Respondents 1 to 3: MR.Ravindra Kumar (SC FOR APTRANSCO)

The Court at the stage of admission made the following ORDER:

The petitioner is a domestic consumer of electricity. He was issued a letter dated 14-12-2004, wherein it was alleged that he has resorted to the acts of pilferage and thepower so pilfered is valued at Rs.49,763/-. The petitioner was required to pay a sumof Rs.24,882/-, in case he wants the continuance of power supply. The petitionerchallenges the same.

Heard learned counsel for the petitioner and learned standing counsel for therespondents.

The letter dated 14-12-2004 issued to the petitioner is in the form of an order ofprovisional assessment. The actual liability of the petitioner, on the allegation ofpilferage can be decided only when an order of final assessment is passed. Thepetitioner alleges that under threat of disconnection and arrest, he paid a sum ofRs.8,294/- on 27-12-2004 and that the respondents have passed an order on 27-12-2004 directing him to pay two such instalments on 27-01-2005 and 27-02-2005.

In Writ Appeal Nos.452 and 477 of 2004, a Division Bench of this Court held that aconsumer cannot be fastened with any liability unless an order of final assessmentis passed.

For the foregoing reasons, the writ petition is allowed and the letter dated 14-12-2004, in so far as it directs the petitioner to pay a sum of Rs.24,882/-, as a conditionprecedent for continuance of supply, is set aside. The petitioner shall, however, beliable to pay the regular consumption charges. His liability under the impugned lettershall be decided only through an order of final assessment. The amount ofRs.8,294/- paid by the petitioner shall be subject to the result of the order of finalassessment. No order as to costs.

________________

To

1 The Member-Secretary, A.P. Central Power Distribution Company Limited, Vidyuth Sowda, Khairathabad, Hyderabad.

2 The Superintendenting Engineer/D.E. (Assessments), Mint Compound, Hyderabad.

3 The Assistant Divisional Engineer (Elect.) and Provisional Assessing Officer, D-IV, City-VII, A.P. Central Power Distribution Company Limited,IV, City-VII, A.P. Central Power Distribution Company Limited, Rethi Bowli, Hyderabad.

4 The Circle Inspector of Police, Team-II, Police Station, Vigilance & Anti-Power/Theft Squad, Vidyuth Sowda, Khairathabad, Hyderabad.

5 Two CD copies.

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