IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9868 of 2008 Between: Valluri Ganesh Chowdary S/o. Edward R/o. Mandapeta, (OP) & (M) E.G.Dist. ..... PETITIONER AND 1 The A.P.Eastern Power Distribution Company Ltd., Visakhapatnam, rep. by its The Asst., Divisional Engineer, Operation, Cub Division, Mandapeta (OP) & (M) E.G.Dist. 2 The Superintending Engineer, Operation Circle, APEPDCL, Vidyut Sakha Bhavan, Godavari Bund, Ullithota Street, Rajahmundry ( OP ) E.G.Dist 3 The Chairman and Managing Director, APEDCL. Corporate Office, Seethamma Dhara, Visakhapatnam. .....RESPONDENTS Counsel for the Petitioner: MR.P.NARASIMHA RAO Counsel for the Respondents: O.MANOHAR REDDY (SC FOR APTRANSCO) The Court made the following : Order: This Writ Petition is filed for a writ of Mandamus to declare Condition No.10.2.3 (a) and (b) of the Terms and Conditions of power supply of the respondents, prescribing payment of 50% of the provisional assessment amount as a condition for restoration of power supply and payment of balance 50% of the provisional assessment amount in installments, before referring the dispute to the Special Court under Section 154(5) of the Electricity Act, 2003 (for short ‘the Act’), as illegal and repugnant to the provisions of Section 154(5) of the said Act. At the hearing, Sri P.Narasimha Rao, learned Counsel for the petitioner, submitted that, while he is not pressing the main relief claimed in the Writ Petition, the petitioner will be satisfied, if he is permitted to deposit 50% of the amount demanded under the impugned provisional assessment notice in two installments, and direction is given to the respondents to take steps for reference of the dispute to the Special Court under Section 154 (5) of the Act. Having heard Sri S.V.Ramana, learned Counsel representing Sri O.Manohar Reddy, learned Standing Counsel for the respondents, and perused the record, I find the request of the learned Counsel for the petitioner reasonable. Hence, the Writ Petition is disposed of, without going into the merits of the case, in following terms: 1. The respondents shall restore the power supply to the petitioner’s premises immediately on receipt of an amount of Rs.42,000/-. 2. The petitioner is permitted to pay the balance amount of Rs.42,000/- within a period of four weeks from today. 3. On payment of the second installment, the respondents shall not demand further amount towards the impugned provisional assessment notice and shall initiate final assessment proceedings before the Special Court and; 4. The petitioner’s further liability in the impugned provisional assessment notice shall be subject to the order passed by the Special Court in the final assessment proceedings. As a sequel to disposal of the Writ Petition, WPMP.No.12981 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ____________________ (C.V.NAGARJUNA REDDY, J) 30th April, 2008 LUR