IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE MR. ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER, TWO THOUSAND NINE WRIT APPEL No.1116 of 2009 (Writ Appeals under Clause 15 of the Letters Patent against order dated 15.02.2008 in WP No.12030 of 2004 on the file of the High Court). Between: Smt. Pullapadi Rajani W/o. Chitta Ranjan, Aged 30 yrs, Occ: Housewife, R/o.H.No.7-33/1, Bhoopalpalli Village & Mandal, Warangal District. … Appellant And: 1. Superintending Engineer (Assessments), Northern Power Distribution Company of A.P., Ltd., Warangal. 2. Divisional Engineer, Electrical Assessment, Northern Power Distribution Company of A.P., Ltd., Warangal, Warangal. 3. Assistant Divisional Engineer (Operations), A.P. Northern Power Distribution Company Ltd., Warangal. …Respondents. Counsel for the Appellant : Sri P. Prabhakar Reddy Counsel for the Respondents: Sri S.V. Ramana for Sri O. Manohar Reddy This Court made the following: THE HON'BLE MR. ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL No. 1116 of 2009 JUDGMENT:- (Per C.V. Nagarjuna Reddy, J) This writ appeal arises out of order dated 15.02.2008 in WP.No.12030 of 2004, whereby the learned Single Judge dismissed the writ petition filed by the appellant. Heard Sri P. Prabhakar Reddy, learned counsel for the appellant and Sri S.V. Ramana representing Sri O.Manohar Reddy, learned Standing counsel for the respondents. The appellant, at the relevant time, was holding two service connections bearing Nos.61/II and 3003/I for consumption of electricity. Service connection bearing No.61/II was taken for commercial purpose, namely; for running a bakery and service connection No.3003/I was taken for domestic purpose. On 24.03.2004, the Assistant Engineer concerned of the Northern Power Distribution Company of A.P. Limited (for short, “the Company”) inspected the two service connections and found that some equipments used for bakery are connected to service connection No.3003/I (domestic) without intimation to and prior permission of the officials of the Company. Following the said inspection, provisional assessment notice was issued on 24.01.2004 by respondent No.3. After considering the objections filed by the appellant, final assessment proceedings were issued on 23.03.2004 by respondent No.2 for a sum of Rs.1,48,821/- towards the cost of the power misused by the appellant. The appellant filed an appeal against the said order before respondent No.1. By his order dated 24.04.2004, respondent No.1 confirmed the final assessment order made by respondent No.2. The writ petition filed by the appellant against the said two orders having been dismissed, she filed the present appeal. At the hearing, the learned counsel for the appellant submitted that respondent Nos.1 and 2 have committed grievous error in making assessment for a period of one year preceding the date of inspection. He further submitted that under Section 126 (5) of the Electricity Act, 2003, the maximum period for which assessment can be made is six months preceding the date of inspection. Sri S.V. Ramana, learned counsel for the respondents conceded that Section 126 (5), which stood at the relevant time, authorized the assessing authority to make assessment of the loss sustained by the Company on account of unauthorized use of power for a maximum period of six months in respect of the categories of the consumers other than domestic and agriculture. In the instant case, it is not in dispute that the ground on which the assessment was made is that the supply meant for domestic consumption was used for running bakery, which falls in commercial category. Therefore, under the abovementioned provision, the respondents ought to have restricted the period of assessment to six months instead of one year. In view of the above, the writ appeal is partly allowed. Respondent Nos.1 and 2 are directed to restrict the liability of the appellant to the period of six months immediately preceding the date of inspection of the service. The excess amount, if any paid by the appellant, shall be refunded to her by way of adjustment in future consumption charges. If the appellant is liable to pay any amount towards the reduced demand, the respondents shall be free to recover the same in accordance with law. As a sequel to disposal of the writ appeal in the manner indicated above, WAMP.No.2247 of 2009 filed by the appellant for interim relief is disposed of as infructuous. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J Date: 17.09.2009 ES