THE HONOURABLE SRI JUSTICE V.ESWARAIAH Date:10-11-2005 WRIT PETITION No.24145 OF 2005 BETWEEN: N.R.Kumar. …Petitioner And The Southern Power Distribution Company of A.P. Limited, rep.by its Managing Director, Tirupathi, Chittoor District & others. …Respondents ORDER: The petitioner questions the order of the Assistant Division Engineer, Operation, Andhra Pradesh Southern Power Districtuion Company Limited (APSPDCL), Town-III, Guntur in demanding to pay a sum of Rs.1,73,530/- on the basis of the provisional estimated value and in disconnection the electricity supply. It is stated that if the petitioner desires to obtain restoration of supply pending enquiry, he shall pay a sum of Rs.87,765/-. It is stated that the demand of money even before passing the final order is illegal and arbitrary and contrary to Section 126 of the Electricity Act. It is also brought to my notice that the Division Bench of this Court in W.A.Nos.452 and 477 of 2004 held that a consumer cannot be required to pay any amount on the strength of an order of provisional assessment nor the power supply can be disconnected for non payment of the half of the demanded amount. Having regard to the facts and circumstances of the case, the Writ Petition is allowed, directing the respondents to restore the power supply to the petitioner forthwith without insisting for payment of any amount indicated in the order of provisional assessment. The liability of the petitioner would arise only after an order of final assessment is passed. The petitioner shall however be liable to pay the regular consumption charges. It is stated that the petitioner has paid Rs.40,000/-. If that be so, the same may be adjusted against the future bills or against the final assessment. There shall be no order as to costs. ________________ V.ESWARAIAH, J Date: 10-11-2005. Shr.