THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.892 of 2011 Date:23.09.2011 Between: Lal Mohammed Khan ..... Petitioner AND Sri S.Ravi Kumar, Assistant Divisional Engineer (Operation), Central Power Distribution Company, Hyderabad. .....Respondent Counsel for the Petitioner : Sri K.Durga Prasad Counsel for the Respondent: Sri O.Manohar Reddy Standing Counsel for APSEB The Court made the following: ORDER: This Contempt Case is filed alleging willful disobedience of order, dated 06.04.2011, in Writ Petition No.26136 of 2010. The petitioner herein filed Writ Petition No.26136 of 2010 for a mandamus to declare the proceedings in Lr.No.ADE/Op/Miralam/ D.No:864 dated 24.09.2010 of the Assistant Divisional Engineer, Operations, Mir Alam, of respondent No.2 company, whereby he has provisionally assessed the value of the electricity purportedly not recorded by the meter at Rs.3,71,913.94 paise, as illegal and arbitrary. This Court disposed of the said Writ Petition by directing the respondent herein to get the petitioner’s civil liability determined by the civil Court under Section 154(5) of the Electricity Act, 2003 and that, till then, the power supply cannot be disconnected on account of non- payment of balance amount towards provisional assessment demanded under the impugned letter dated 24.09.2010. The petitioner was given liberty to question notice, dated 20.01.2011, whereby a sum of Rs.11,96,380/- was demanded towards consumption charges apart from another sum of Rs.14,000/- as development charges. At the hearing, it has come out that in pursuance of the liberty given to the petitioner, he has filed Writ Petition No.12716 of 2011, wherein certain interim orders were passed. Be that as it may, the petitioner has alleged that despite the order passed by this Court in Writ Petition No.26136 of 2010, the respondent has not restored the power supply, which was disconnected earlier. A detailed counter-affidavit has been filed by the respondent, wherein it has been stated that the respondent has not violated the order of this Court passed in Writ Petition No.26136 of 2010 and that the power supply was disconnected for non-compliance with interim order passed in W.A.M.P.No.771 of 2011 in Writ Appeal No.348 of 2011, dated 18.05.2011. Learned counsel for the petitioner fairly conceded that the disconnection and non-restoration of power supply is not on account of non-payment of the balance provisional assessment amount which was the subject matter of Writ Petition No.26136 of 2010. His grievance, however, is that the respondent has not been properly following the interim order of this Court in the Writ Appeal referred to above, as a result of which, his client is being harassed without restoration of power supply. Sri O.Manohar Reddy, learned Standing Counsel for the respondent, appearing for the respondent, stated that even though liberal attitude is being shown towards the petitioner by offering him instalments for payment of the amount as per the direction of this Court, the petitioner is not availing the indulgence shown by the respondent. In my opinion, with the admission of the fact that the power supply was not disconnected on account of non- payment of the balance amount under the provisional assessment notice, which was subject matter of Writ Petition No.26136 of 2010, the Contempt proceedings do not lie against the respondent and no order can be passed against him for the alleged contempt. Therefore, the Contempt Case is dismissed. However, the petitioner can approach the respondent for working out the terms of the order passed by this Court in Writ Appeal No.348 of 2011, as suggested by the learned Standing Counsel for the respondent. __________________________ C.V.NAGARJUNA REDDY, J 23rdSeptember2011 DR