THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3906 of 2011 Date:21.02.2011 Between: R. Narayana Reddy ..... Petitioner AND The Assistant Divisional Engineer, Nellore and another .....Respondents Counsel for the Petitioner: Sri P. Sridhar Reddy Counsel for Respondents: Sri O. Manohar Reddy, standing counsel for APTRANSCO The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside the proceedings dated 09.02.2011 of respondent No.1. The petitioner is a domestic consumer of the Andhra Pradesh Southern Power Distribution Company Limited. On 08.02.2011, his service connection was inspected by the Assistant Divisional Engineer and the petitioner was allegedly found indulging in pilferage of electricity. Consequently, the impugned proceedings were issued, which are in the nature of provisional assessment notice, whereby the petitioner has been called upon to pay 50% of the sum of Rs.31,788/-, which was provisionally assessed as the alleged loss sustained by the respondents apart from payment of Rs.4,000/- towards compounding fee. In this writ petition, the petitioner, who is a teacher, has pleaded that he has never indulged in pilferage of electricity and that at any rate the assessment of Rs.31,788/- is on a very high side and arbitrary. He has further stated that the respondents have been refusing to receive compounding amount of Rs.4,000/- on the ground that he has not met the respondents’ demand of payment of 50% of the provisionally assessed amount. Inasmuch as the petitioner’s civil liability requires to be adjudicated by the competent civil Court under Section 154(5) of the Electricity Act, 2003 (for short ‘the Act’), it is not appropriate for this Court to adjudicate upon the above noted pleas of the petitioner on merits at this stage. In the face of serious allegations made against the petitioner, I am of the opinion that the petitioner shall pay 50% of the provisional assessment amount and the compounding fee of Rs.4,000/- pending adjudication of his civil liability. Accordingly, the Writ Petition is disposed of with the direction to the respondents to receive 50% of the provisional assessment amount apart from Rs.4,000/- towards compounding fee. On the petitioner’s paying these amounts, the electricity supply to his service connection shall be restored and there shall not be any further demand against the petitioner towards the impugned provisional assessment notice until the petitioner’s civil liability is finally determined by the competent civil Court under Section 154 (5) of the Act. As a sequel to disposal of the writ petition, W.P.M.P.No.4833 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 21st February, 2011 Note: Issue operative portion by wire at party’s costs. (B/o) GHN