THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17808 OF 2006 DATED 26TH APRIL, 2011 Between: M.Kistaiah … Petitioner and The A.P. Central Power Distribution Company Limited, represented by its C & MD, Vidyut Soudha, Somajiguda, Hyderabad, and others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17808 OF 2006 O R D E R The petitioner challenged the provisional assessment notice dated 07.08.2006 issued by the Assistant Divisional Engineer, Operation, Central Power Distribution Company of Andhra Pradesh Limited (APCPDCL), Hyderabad, and the subsequent disconnection of power supply to his premises bearing H.No.7-39, Darghakhaji Khan Guda, Ibrahimbagh, Ranga Reddy District, under Service Connection No.32010-00288. This Court, by order dated 08.09.2006, directed restoration of the power supply to the petitioner’s premises under the subject service connection by suspending the impugned notice dated 07.08.2006. The main ground of attack urged by the petitioner in this writ petition is that the impugned notice, calling upon him to pay the amount assessed by way of provisional assessment as a condition precedent for restoration of the power supply, was contrary to the law laid down by a Division Bench of this Court in M/s.MALLIKARJUNA POLISHING INDUSTRIES V/s. CHIEF MANAGING DIRECTOR, TRANSMISSION CORPORATION OF A.P. LIMITED[1]. It is however now brought to my notice that the decision of this Court in M/s.MALLIKARJUNA POLISHING INDUSTRIES was set aside by a Full Bench of this Court i n KOVVURI TRINADHA REDDY V/s. EASTERN POWER DISTRIBUTION CORPORATION OF A.P.LIMITED[2]. It was held therein that the power to disconnect/discontinue supply of electricity for theft, pilferage or unauthorized use is incidental and ancillary to the power of inspection provided for under Sections 126 and 135 of the Electricity Act, 2003. It was further pointed out that this power could be exercised only as an interim measure, from the date of inspection till the final assessment orders were passed under Section 126(3) of the Electricity Act, 2003 and in case any amount is required to be deposited pursuant thereto, till such amount was so deposited or the order of final assessment was set aside. In the light of the ratio laid down by this Court in KOVVURI TRINADHA REDDY, the petitioner’s complaint with regard to the validity of the demand based on the provisional assessment embodied in the impugned notice dated 07.08.2006 and the consequential disconnection of his power supply need trouble this Court no further. The petitioner would necessarily have to await the final assessment order and in the event he seeks restoration of power supply in the interregnum, he must abide by the conditions imposed by the authority concerned. As the matter has been kept pending, perhaps owing to the pendency of this writ petition, the respondents shall complete the final assessment in accordance with law expeditiously and in any event not later than three months from the date of receipt of a copy of this order. The writ petition is devoid of merit and is accordingly closed subject to the above direction. Interim order dated 08.09.2006 shall stand vacated. No order as to costs. -------------------------- SANJAY KUMAR,J 26TH APRIL, 2011. PGS/VGSR [1] W.A.Nos.452 and 477 of 2004 dated 11.03.2004 [2] 2007 ALD (4) 564