IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8564 of 2008 Between: 1 Manny Subrahmanyam S/o M.Ramalinga Murthy Proprietor of Lce parlor and soda shop, Tenant and Present occupire of D. No. 67-1-19/2, Ashok nagar, kakinda (PO) E.G. District. 2 Ravva Chandra Rao S/o Venkanna Consumer of Elec. SC. No. 13203, R/o D. No. 67-1-19/2, Ashoknagar Kakinada (PO) East Godavari District. ..... PETITIONERS AND 1 The Andhra Pradesh Eastern Power Distribution Company Ltd., Vishakapatna, rep by its the Asst/ Divisional Engineer, Operation, Town, sub division, Power SHouse O/o Divisional Engineer, Operationnear P.R. Colege Grounds, Kakinda (PO) 2 The Superintending Engineer, Operation Circle, APEPDCL., Vidyut Sakha Bhavan, Godavari Bund, Ullithota Street, Rajahmundry (PO) E.G. Dt. 3 The Chairman and managing Director, APEPDCL., Corporate Office, seethamma Dhara, Visaka Patnam. .....RESPONDENTS Counsel for the Petitioners:MR.P.NARASIMHA RAO Counsel for the Respondents: MR. BHUVANASUNDARA REDDY FOR MR.V.AJAY KUMAR The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to set aside provisional assessment notice, dated 29.08.2006 issued by the Assistant Divisional Engineer, Office of the Divisional Engineer, Operation, Kakinada. Heard Sri P.Narasimha Rao, learned counsel for the petitioners and Sri Bhuvanasundara Reddy, learned counsel representing Sri V.Ajay Kumar, learned counsel for the respondents. On the basis of inspection of the petitioners’ premises having service connection bearing No.F 13203 on 25.07.2006 by the Assistant Divisional Engineer D.P.E-1/SE/Rajahmundry, the respondents issued the impugned provisional assessment notice whereby petitioner No.2 was called upon to pay 50% of the provisionally assessed amount. The petitioners claim that in response to the said notice, they paid Rs.57,628/- on 16.11.2006. Their grievance is that despite payment of the said amount, the respondents are persisting with the payment of balance 50% amount pending final assessment. They alleged that so far, the respondents have not taken any steps for referring the final assessment to the competent Court and getting it finalized. The learned counsel for the respondents submitted that under Condition No.10 of the terms and conditions of supply approved by the Andhra Pradesh Electricity Regulatory Commission, the petitioners are liable to pay the entire provisional assessment amount, which would be subject to the result of the final assessment. Having considered the submissions of the learned counsel for the parties and perused the record, I am of the view that it would be too harsh to insist on the petitioners to pay the entire provisionally assessed amount at this stage, even before final assessment has been made. It is not in dispute that the provisional assessment was made at the back of the petitioners and directing the petitioners to pay the entire amount under such an assessment would cause hardship to them. In this view of the matter, the respondents are directed to take immediate steps to initiate final assessment proceedings by referring the same to the Court of competent jurisdiction and to get the proceedings finalized at the earliest. Since the petitioners already paid 50% of the provisional assessment amount, the respondents shall not disconnect the service connection in question till completion of final assessment proceedings. The writ petition is accordingly disposed of. As a sequel to disposal of main petition, WPMP.No.11338 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 18th APRIL, 2008 kvni