THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 8245 OF 2010 Dated 15th April 2010 Between: Y.N.Murthy …Petitioner And Central Power Distribution Company of Andhra Pradesh Ltd and another …Respondents Counsel for the petitioner : Sri T.Rajanikanth Reddy For Smt K.Aruna Counsel for the respondents: Sri O.Manohar Reddy The Court made the following ORDER: This writ petition is field for a Mandamus to set aside order dated 30.01.2010 issued by respondent No.1 purporting to exercise their power under Section 126 of the Electricity Act, 2003 (for short “the Act”). I have heard Sri T.Rajanikanth Reddy, learned counsel for the petitioner, and Sri O.Manohar Reddy, learned Standing Counsel for the respondents. By the impugned order, the respondents have demanded 50% of the amount towards the value of the energy allegedly not recorded by the meter on account of defect by invoking the provisions of Section 126 of the Act. At the hearing, it is submitted by the learned counsel for the petitioner and not disputed by the learned Standing Counsel that the procedure of making provisional assessment as envisaged under Section 126 of the Act applies only to cases of illegal abstraction of electricity and that such a procedure cannot be applied to cases of defective meters. The impugned order does not impute the allegation of illegal abstraction of electricity by the petitioner. Therefore, the said provision is not attracted in the instant case. The learned Standing Counsel, however, submitted that under Condition No.7.1.5 of the terms and conditions of the respondents, they are entitled to determine the value of the electricity not recorded by the defective meters. However, before making such assessment, the respondents are required to give a notice to the petitioner. In paragraph 12 of the affidavit, the petitioner stated that on receipt of the impugned order, he submitted explanation dated 07.04.2010 which was acknowledged by respondent No.2 on 08.04.2010. For the reasons stated above, the impugned order is set aside. The respondents are directed to consider the explanation of the petitioner before making assessment under Condition No.7.1.5 of the terms and conditions. The petitioner shall be given an opportunity of personal hearing before making the assessment and the decision be communicated to him. The writ petition is accordingly allowed. C.V.NAGARJUNA REDDY, J Dated 15th April, 2010 vrn