THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11795 of 2008 Dated 24th August, 2010 Between: B. Subbamma and another. …Petitioners And The Additional Divisional Engineer,Vijayawada. …Respondent Counsel for the petitioners: None appeared Counsel for respondent: Sri O. Manohar Reddy, standing counsel for APSPDCL The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal having regard to the nature of the case. This writ petition is filed for a Certiorari to quash the proceedings dated 22.04.2008, whereby a sum of Rs.43,169/- has been provisionally assessed towards the value of the electricity allegedly pilfered by the petitioners. This Court, by order dated 11.06.2008 in W.P.M.P.No.15219 of 2008, directed restoration of power supply subject to the petitioners paying half of the demanded amount. At the hearing, Sri O. Mahonar Reddy, learned standing counsel appearing for the respondents has not disputed payment of the said amount by the petitioners. Though several contentions have been raised on merits, in my opinion, it is not appropriate to adjudicate on those contentions, because the civil liability of the petitioners is required to be adjudicated by the Special Court under Section 154 (5) of the Electricity Act, 2003 (for short ‘the Act’). Accordingly, the Writ Petition is disposed of with the direction to the respondents to initiate appropriate steps for determination of civil liability of the petitioner by the Special Court under Section 154 (5) of the Act and continue the power supply without raising further demand towards provisional assessment amount till such determination. As a sequel to disposal of the writ petition, interim order dated 11.06.2008 in W.P.M.P.No.15219 of 2008 is vacated and W.P.M.P.No. 15219 of 2008 and W.V.M.P.No.2418 of 2008 are disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 24th August, 2010 GHN