HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No. 5140 of 2004 DATE: 08-02-2008 Between: Syed Iqbal Hussain ……………… Petitioner and 1. The Superintending Engineer (Assessment), APCPDCL, A.P. State Housing Corporation Building, 4th Floor, Himayathnagar, Hyderabad and another. ………….. Respondents HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No.5140 of 2004 ORDER: This writ petition has been filed by the petitioner seeking to declare the order, dated 31-01-2004 in respect of S.C.No.P3-2758 L.T. Category-I passed by the first respondent as illegal, arbitrary and violation of the principles of natural justice. This is a case of pilferage of energy. The departmental authorities inspected the meter of the petitioner and by suspecting that there was some meddling, seized the meter and sent for laboratory testing. The test report discloses that the seals were tampered and on account of that, the departmental authorities came to a conclusion that there is pilferage of energy, therefore, the provisional assessment order was given directing the petitioner to pay a sum of Rs.55,803/-. Thereafter, the final assessment order was passed reducing the same to Rs.29,723/-. Being aggrieved by the same, an Appeal has been preferred and the first respondent passed an order further reducing the amount to Rs.18,164/- being the cost of the pilfered energy. The petitioner contended that the lineman entered into his house and broken the seals on account of which the seals were opened, but the authorities throw the blame on him and filed the cases of pilferage of energy. The test report discloses that the petitioner meddled with the internal mechanism of the meter and the seizure of the meter was effected in his presence. The mere allegation that the departmental man broke the seals cannot be accepted since no animosity is attributed to the said person in doing like that. After going through the entire material, I am convinced that the order passed by the first respondent is quite reasonable and is in accordance with law. I do not find any grounds to issue any direction holding that there is any illegality or arbitrariness in the action of the respondents. There are no merits in the writ petition. Hence, the writ petition is dismissed. No order as to costs. ___________________ DR. G. YETHIRAJULU, J Date:08-02-2008 YCR