IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4737 of 2001 Between: Mohammed Khaja s/o.Hasan Mohd. 19-2-197/A/30, Salar Nagar, Ramnaspura, Hyderabad. ..... PETITIONER AND 1 The Assistant Divisional Engineer, Dist.XXI, City-III, A.P.Transco, A.P.Central Power Distribution Co., Limited, Chandulal Baradari, Hyderabad. 2 The Inspector of Police, A.P.T.S., Team-I, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction, more partyicularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.2 in registering a case in Cr.No.635/2001, despite the petitioner made the payment of Rs.20,000/- on 26.2.2001, as per the amended order of this Hon'ble Court in W.P.No.4489/2001 dt:28.2.2001 and trying to arrest the petitioner as illegal, arbitrary and against to the principles of natural justice and to consequently direct the Res.No.2 herein not to take any hesty steps against the petitioner, and to grant such relief Counsel for the Petitioner:MR.M.LAYEEQ KHAN Counsel for the Respondent No.: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4737 of 2001 ORDER: None appears for the petitioner. This writ petition has been filed seeking a Writ of Mandamus to declare the action of the 2nd respondent in registering a case in Cr.No.635/2001, despite the petitioner made payment of Rs.20,000/-, pursuant to the order of this court in W.P.No.4489 of 2001, dated 28-02-2001, and trying to arrest the petitioner as illegal and arbitrary. It is the case of the petitioner that the 1st respondent inspected the premises of the petitioner and issued Assessment Notice, dated 15-02-2001 demanded him to pay an amount of Rs.46,278/- by disconnecting power supply, by levying an amount of Rs.92,556/-. Aggrieved by the said notice, the petitioner filed W.P.No.4489 of 2001 before this court and this court through order, dated 28-02-2001, disposed of the said writ petition directing the petitioner to pay a sum of Rs.20,000/- and the 1st respondent is also directed to restore power supply to the Service connection No. M3-11800. It is stated that pursuant to the order of this court, an amount of Rs.20,000/- was paid by the petitioner on 26-02-2001 and accordingly, the power supply was restored. I am of the opinion that registration of the criminal case for pilferage of energy and departmental proceedings levying penalty for pilferage of energy are different and distinct, as the criminal case and departmental proceedings are contemplated under the Act and the Rules made there under. Further, without filing copy of FIR, registration of the crime for pilferage of energy cannot be questioned. In fact, when the matter is taken up for hearing on 04-08-2008, none appeared for the petitioner and, therefore, the matter was directed to be posted under the caption “for dismissal”. Today also, when the matter is taken up for hearing neither learned counsel for the petitioner is present nor is there any representation on his behalf. Accordingly, the writ petition is dismissed. There shall be no order as to costs. __________ 11-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}