THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.613 of 2011 Date:23.02.2011 Between: M.Prabhakar Rao ..... Petitioner AND M/s. Andhra Pradesh Transmission Corporation Limited, Hyderabad and others .....Respondents Counsel for the Petitioner: Sri Shyam S. Agrawal Counsel for Respondents: Sri O. Manohar Reddy, standing counsel for APCPDCL The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside the provisional assessment notice dated 06.11.2010 of respondent No.3. Though time was granted, no counter-affidavit has been filed. A perusal of the impugned notice shows that the petitioner’s service connection was inspected by the Assistant Divisional Engineer SD-II, DPE, Hyderabad South, on 02.11.2010 and during the inspection it was allegedly observed that the electricity supply, which was meant for agriculture purpose, was being used for a farmhouse. It was also allegedly found that the petitioner was indulging in theft of energy by direct tapping. Therefore, a sum of Rs.45,270/- was assessed as the alleged loss sustained due to the misuse and theft of energy. The petitioner has stated in his affidavit that he does not own any farmhouse and that he is using the electricity for agriculture purpose. Since the petitioner’s civil liability requires to be finally determined under Section 154(5) of the Electricity Act, 2003, it is not appropriate for this Court to give conclusive findings on this disputed question. However, in the face of the serious allegations made against the petitioner, I deem it appropriate to dispose of the Writ Petition in the following terms: (i) The petitioner shall pay the sum of Rs.45,270/- (Rupees forty five thousand two hundred and seventy only) as demanded in the impugned provisional assessment notice; (ii) The petitioner shall also file a written undertaking before respondent No.3 that he will not use the power for any purpose other than agriculture purpose; (iii) On receipt of the amount along with the undertaking, the respondents shall restore power supply to the petitioner’s service connection; and (iv) The payment of Rs.45,270/-, if any, made by the petitioner shall be subject to determination of the petitioner’s civil liability by the competent civil Court. As a sequel to disposal of the writ petition, W.P.M.P.No.760 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 23rd February, 2011 Note: Issue CC in five days. (B/o) GHN