HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.1429 of 2011 Date : 3-3-2011 Between : Akula Venkata Sridevi .. Petitioner And Eastern Power Distribution Company of Andhra Pradesh Limited, represented by its Chairman-cum-Managing Director, Visakhapatnam and others .. Respondents Counsel for petitioner : None Counsel for respondents : Smt.Jyothi Eswar Gogineni, Standing Counsel The Court made the following : ORDER: This Writ Petition is filed to declare the action of respondents in demanding balance amount of 50% towards provisional assessment vide letter No.ADE/O/KVR/F.No.D.No.1458/10, dated 13-11-2010 of respondent No.2 as illegal and arbitrary. At the hearing, there is no representation for the petitioner. I have heard Smt.Jyothi Eswar Prasad Gogineni, learned Standing counsel for the respondents. The petitioner’s service connection was inspected by Additional Assistant Engineer, Operations-D1, Kovvur, on 25-10-2010 and it was allegedly found during the said inspection that the she was utilising power supply for pan shop-ice cooler, that meter incoming neutral operated with the help of 16A switch ground earth control, main neutral was not active and that the meter disc was not rotating. On the basis of these alleged findings, the impugned provisional assessment notice was issued assessing the alleged loss sustained by the respondents at Rs.41,998/- and the petitioner was called upon to pay Rs.20,998/-, being 50% of the assessed amount pending adjudication of the her civil liability under Section 154(5) of the Electricity Act, 2003 (for short, "the Act"). It is the pleaded case of the petitioner that she has paid 50% of the said amount as demanded under the provisional assessment notice. However, her grievance is that the respondents have been demanding the balance 50% amount under the provisional assessment notice. After hearing the learned Standing Counsel, I am of the opinion that as the petitioner’s civil liability requires to be determined by the Special Court under Section 154(5) of the Act, there is no justification for demanding the balance 50% at this stage. Therefore, the Writ Petition is allowed with the direction to the respondents not to demand and collect the balance 50% of the provisional assessment amount. It is however made clear that if the petitioner has not paid the initial 50% amount or any part thereof, the respondents shall be free to enforce the demand in respect thereof. If the petitioner has paid 50% of the assessed amount, the respondents shall refer the dispute to the Special Court for adjudication of her civil liability. ____________________ C.V.Nagarjuna Reddy.,J Date : 3-3-2011 AM