HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23755 of 2009 Date : 04.11.2009 Between : N.A.Panjawani. …..Petitioner And Central Power Distribution Company of A.P. Limited, Hyderabad, rep. by its Chairman-cum-Managing Director & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23755 of 2009 ORDER : This writ petition is filed, questioning the provisional assessment notice dated 24.10.2009, issued by the 2nd respondent-Assistant Divisional Engineer (Operations), Andhra Pradesh Central Power Distribution Company Ltd. (APCPDCL), Hyderabad, in Letter No.ADE/OP/SFBD/D1/C1/CC/F-ASSESS/D.No.1981. 2. The petitioner, who runs a bakery, is availing electricity supply vide Service Connection No.A4002740 under LT-II category for commercial purposes. On 29.08.2009, when the service connection of the petitioner was inspected, it was found that the metre seals were tampered with, and when the metre was tested, it was noticed that the ‘Y’ phase link was disconnected, and thus, the petitioner was indulging in theft of energy. Basing on the said allegations, the respondents have initially issued a notice dated 31.08.2009, calling upon the petitioner to get the additional load regularized, by depositing an amount of Rs.25,200/-. Accordingly, the petitioner has paid the said amount. However, with reference to the very same allegations, alleging mal- practice on the part of the petitioner, the respondents have issued the impugned notice dated 24.10.2009, provisionally assessing the loss of energy at Rs.2,28,948/-, and ultimately demanded the petitioner to pay 50% of the said amount, which comes to Rs.1,14,474/-, together with supervision charges of Rs.150/- and reconnection charges of Rs.50/-, for restoration of electricity supply. 3. Heard the learned counsel for petitioner and the learned Standing Counsel appearing for the respondents. 4. The learned counsel for petitioner has submitted that though no allegations like mal-practice or tampering with metre were alleged against the petitioner when the inspection was made on 29.08.2009, the impugned notice was issued making such allegations. He contends that since the metre was not taken away by the respondents on the date of inspection for testing, the allegations levelled against him are without any basis. 5. In the impugned provisional assessment notice, it is stated that when the metre provided to the petitioner was referred to MRT lab for testing purposes, it was found that the cover of the metre was in tampered condition, but the petitioner is disputing such allegations. In the circumstances, it is not possible for this Court, at this stage, to record any definite finding as to whether the petitioner has tampered with the metre or not. Pursuant to the earlier notice dated 31.08.2009, the petitioner has deposited an amount of Rs.25,200/-, but, as much as the final assessment proceedings are pending, the petitioner can put-forth his objections before the respondents. In the meantime, I deem it appropriate to direct the respondents to restore power supply to the petitioner’s service connection on deposit of certain amount. 6. Accordingly, the writ petition is disposed of, directing the respondents to restore power supply to the petitioner’s service connection, subject to the condition of his depositing an amount of Rs.60,000/- (Rupees sixty thousand only) within a period of two weeks from today, which will be in addition to payment of regular consumption and demand charges. It is open for the respondents to proceed with the final assessment proceedings, and the amount of deposit to be made pursuant to the orders of this Court shall be subject to the final orders to be passed in the assessment proceedings. No order as to costs. _____________________ R.SUBHASH REDDY, J 4th November 2009 N.B : Furnish C.C. in two days. (b/o) ghn/ajr