HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22438 of 2011 Date: 09.11.2011 Between: Sunkavalli Rambabu ..... Petitioner AND The Andhra Pradesh Eastern Power Distribution Co. Ltd., Reptd by its Managing Director, Visakhapatnam and four others. .....Respondents Counsel for the Petitioner: Sri S.Subba Reddy Counsel for the Respondents: Smt Jyothi Eswar Gogineni Standing Counsel for APEPDCL The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.3 to 5 in disconnecting the power supply to Service Connection No.129 of Kamsaligunta, Unguturu Mandal, West Godavari District, as illegal and arbitrary. After the filing of the Writ Petition, the petitioner got the prayer in the Writ Petition amended by questioning proceedings, dated 26.07.2011 of respondent No.4 and consequential proceedings, dated 16.08.2011. A perusal of proceedings, dated 26.07.2011, would show that the Assistant Divisional Engineer (Operation), Tadepalligudem Rural, has provisionally assessed a sum of Rs.15,000/- towards the value of the power allegedly abstracted by the petitioner by indulging in the theft for running a three phase 15 Horse Power submersible motor for agricultural purpose. By interim order of this Court, dated 23.08.2011, the petitioner was permitted to pay 50% of the provisionally assessed amount and directed the respondents to restore the power supply. Inasmuch as the petitioner’s civil liability is required to be determined by the competent civil Court under Section 154 of the Electricity Act, 2003 (for short the ‘Act’) and the criminal liability under Section 135 of the Act, various contentions raised by the petitioner on the validity of the impugned order cannot be gone into at this stage. The petitioner is, therefore, relegated to the competent Courts under Sections 154 and 135 of the Act. The payment of the sum of Rs.7,500/- in pursuance of the interim order of this Court shall be subject to the result of those proceedings. As regards the consequential direction sought for by the petitioner for restoration of the power supply, there is a serious dispute as to the petitioner’s entitlement for restoration. According to the respondents, Service Connection No.129 was released on 23.07.2005 in the name of the petitioner’s vendor-Poluboina Venkanna. The respondents have taken the stand that the bore-well for which the service connection was released was acquired along with the land of Ac.0.61 cents by the irrigation department in the year 2007. The petitioner made an application on 07.03.2011 for transfer of the existing Service Connection No.129 from the name of the petitioner’s vendor in the latter’s favour and the said application was rejected by order, dated 26.07.2011. A similar order of rejection was passed on 16.08.2011 in pursuance of a direction granted by this Court. Even though the petitioner has questioned the latter order by way of a consequential relief in this writ petition, learned counsel for the petitioner stated that a substantive Writ Petition viz., W.P.No.28577 of 2011 has been filed by the petitioner questioning the proceedings, dated 26.07.2011. As the issue relating to transfer of service connection is raised in the said Writ Petition, it is not appropriate for this Court to direct restoration of the power supply in this Writ Petition because unless the petitioner succeeds in getting the order rejecting his application for transfer nullified and his application for transfer is allowed, power supply cannot be restored in his name. Accordingly, the Writ Petition is disposed of with liberty to the petitioner to pursue Writ Petition No.28577 of 2011. The petitioner is also permitted to make appropriate applications for consequential reliefs such as restoration of power supply in the said Writ Petition. As a sequel to disposal of the Writ Petition, W.P.M.P.No.28906 of 2011 filed by the petitioner for interim relief is disposed of as infructuous and W.V.M.P.No.3305 of 2011 filed by the respondents is dismissed. _____________________________ C.V.NAGARJUNA REDDY, J 09th November2011 DR