THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33466 of 2010 Date: 30.12.2010 Between: M/s. Sri Tirumala Foods & Feed, Ranga Reddy District ..... Petitioner AND The Central Distribution Company of Andhra Pradesh Limited, Hyderabad and another .....Respondents Counsel for the Petitioner: Sri A. Bhuvana Sunder Reddy Counsel for Respondents: Sri O. Manohar Reddy, standing counsel for AP TRANSCO The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the provisional assessment notice dated 13.07.2010 issued by respondent No.2. The petitioner is a consumer of the respondents and engaged in the business of manufacture of animal feed. On the basis of inspection conducted on 29.05.2010 at 20.00 hrs by the Assistant Divisional Engineer/SD-I DPE, RR South, a provisional assessment notice dated 13.07.2010 was served on the petitioner provisionally assessing the value of the energy allegedly misused by the petitioner at Rs.1,15,639/-. The petitioner was called upon to pay 50% of the said amount apart from payment of compounding fee of Rs.75,000/-. The petitioner averred that both the said demands were complied with. In support of this plea, the petitioner has filed a copy of receipt dated 24.07.2010. The grievance of the petitioner on which the present writ petition is filed is that despite pendency of the proceedings for determination of the petitioner’s final liability, the respondents have been demanding payment of entire provisional assessment amount. In my opinion, the provisional assessment, being subject to final determination of the petitioner’s liability, demand of the entire amount before such determination, on the facts of the present case, does not appear to be proper and reasonable. Inasmuch as the petitioner has not only paid 50% of the provisional assessment amount but also entire compounding fee, in the interest of justice, the power supply to the petitioner’s service connection shall not be disconnected till determination of the petitioner’s liability by the competent Court under Section 154(5) of the Electricity Act, 2003. Therefore, the respondents shall initiate immediate steps to get the final liability of the petitioner determined by the competent Court and continue the power supply to the petitioner’s service connection till such determination is made subject to its paying future C.C. charges regularly. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.42442 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 30th December, 2010 GHN