IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 25389 of 2002 Between: Smt. Neelamma W/o. Galappa R/o. Beside Jeeth Panjabi Dhaba, Allipur, Zaheerabad, Medak District. ..... PETITIONER AND 1 The Assistant Divisional Engineer (Electrical), A.P. Central Power Distribution Corporation Ltd., Zaheerabad, Medak District. 2 The Divisional Engineer (Electrical), A.P. Central Power Distribution Corporation Ltd., Sangareddy, Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings No. ADE/O/ZHV/DRO- 1491/02, dt. 15.12.2002 of the Assistant Divisional Engineer, Electrical/Operations, A.P. Central Power Distribution Corporation Limited, Zaheerabad, Medak District, as being arbitrary, illegal and unconstitutional and violative of article 14 and 21 of the Constitution of India apart from being violative of principles of natural justice and consequently set aside the same. Counsel for the Petitioner: MR.P.LAKSHMA REDDY Counsel for the Respondents: Mr. O. Manohar Reddy The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25389 of 2002 ORDER: The petitioner is availing electricity supply for her agricultural land admeasuring Acs.17.09 ½ guntas in survey No.73/A situated at Allipur, Zaheerabad, Medak District. Her service connection No.50 was inspected by ﬁrst respondent on 14.12.2002. First respondent found that though supply was taken for agricultural purpose, the petitioner was giving water to commercial purpose and therefore, she indulged in mal practice. First respondent provisionally assessed the value of the energy pilfered at Rs.56,548/-, disconnected power supply and advised the petitioner to approach second respondent for ﬁnal assessment. As power supply was disconnected, the petitioner filed instant writ petition assailing provisional assessment. Impugned provisional assessment order is in the nature of a show cause notice. Therefore, this Court is not inclined to issue Mandamus as prayed for. Secondly even before the show cause notice was issued by second respondent for the purpose of ﬁnal assessment, the petitioner ﬁled the present writ petition. Therefore, if the ﬁnal assessment order is yet not passed, second respondent may do so. If the order is already passed the petitioner is given liberty to go in appeal as per law. With the above observations, the writ petition is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 11th September, 2008 GHN To 1 The Assistant Divisional Engineer (Electrical), A.P. Central Power Distribution Corporation Ltd., Zaheerabad, Medak District. 2 The Divisional Engineer (Electrical), A.P. Central Power Distribution Corporation Ltd., Sangareddy, Medak District. 3 2CD copies Form-NIC-OGS/WP{MADHURI}