IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE SEVENTH DAY OF JULY, TWO THOUSAND TEN WRIT PETITION No.12827 of 2004 Between: N. Laxmaiah. … Petitioner And: The Superintending Engineer, Assessments/APCPDCL, A.P. State Housing Corporation Building, Urdhu Hall lane, 3-6-184, 4th floor, Street No.17, Himayathnagar, Hyderabad and others. … Respondents Counsel for the petitioner: Sri M.Praveren Kumar. Counsel for the respondents: Sri S.V.Ramana for Sri O.Manohar Reddy. This Court made the following: ORDER:- This Writ Petition is filed for a Certiorari to quash order, dated 21-5-2004, of respondent No.2, whereby he made final assessment of the alleged loss of energy sustained on account of pilferage, said to have been committed by the petitioner, at Rs.2,94,725/-. At the hearing, it is submitted by Sri M.Praveen Kumar, learned counsel for the petitioner, that under the provisions of the Electricity Act, 2003 (for short “the Act”), respondent No.2 is empowered to make the provisional assessment; and that he has no power or jurisdiction to determine the civil liability of the petitioner finally, which power is vested only in the Special Court. I have carefully considered this submission of the learned counsel for the petitioner. Under Section 126 of the Act, which came into force from 10-6-2003, the officer authorized in this behalf is empowered to make provisional assessment to the best of his judgment of the electricity charges payable by the person, who allegedly indulged in the acts of pilferage etc., as enumerated in the said provision. Under Section 154(5) of the Act, the Special Court is empowered to determine the civil liability. This position of law is not disputed by the learned Standing Counsel appearing for the respondents. In view of these statutory provisions, the contention of the learned counsel for the petitioner that respondent No.2 has no jurisdiction to pass the final assessment order deserves to be accepted. On this short ground, order dated 21-5-2004 of respondent No.2 is set aside. This order, however, shall not be understood as this Court expressing any opinion on the correctness or otherwise of the reasons contained in the said order or on the liability of the petitioner. The respondents shall be free to initiate proceedings before the Special Court for determination of the petitioner’s liability. As the petitioner has already deposited Rs.1.00 lakh towards the liability, the respondents shall not disconnect the power supply till the petitioner’s liability is determined by the Special Court, in accordance with law. Subject to the above, the Writ Petition is allowed. ---------------------------------------- - C.V.NAGARJUNA REDDY,J Date:07-7-2010 MNR