IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16550 of 2006 Between: Sri Devi Rice& Floor Mill, Pentapadu Village and Mandal, West Godavari Dist, Rep.by k. Suryalakshmi, W/o. Late K.V.Krishna Reddy, R/o. Pentapadu, West Godavari Dist. ..... PETITIONER AND 1 Eastern Power Distribution Company Of A.P. Ltd, Rep.by its Assistant Divisional Engineer, Operation Town, Tadepalligudem, West Godavari Dist. 2 The Assistant Accounts Officer, Electricity Revenue Office, Tadepalligudem, West Godavari Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ, order or direction,more particularly one in the nature in the nature of Mandamus, declaring provsional assessment notice issued by the 1st respondent in Lr.No.ADE/OSD/T/TPG/S.Er.Pil/D.No:1839/06 dt.11.07.2006, in provisonally assessing the electricity charges at the rate of Rs.4,40,446/- and directing late Mr.K.V.Krishna Reddy as registered consumer and Mr.N.Satyanarayana Reddy as leasse of the petitioner to pay 50% of the assessed amount to obtain restoration of S.C.No.2169, Pentapadu, as illegal, corlourable exercise of Power, non- application of mind, contrary to the provisions of the Electricity Act, 2003, general terms and conditions of supply, apart from being violative of the Fundamental Right guranteed under Article 19 of the Constitution of India and issue an consequential direction to the 1st respondent to continue the power supply in respect of S.C.No.2169 of pentapadu Village and pass such other order or orders. Counsel for the Petitioner:MR.GODEY SATISH Counsel for the Respondent No.: MR.V.AJAYAKUMAR The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 16550 of 2006 Oral Order: The petitioner challenges the provisional assessment notice dated 11-07-2006 issued by the ﬁrst respondent on allegations of dishonest use of electricity and theft of electricity. The energy supply to S.C.No. 2169 under Category- III of Pentapadu village of T.P. Gudem S.S. was disconnected on 12-07-2006 and the petitioner was intimated by the impugned provisional assessment notice that reconnection would be made of the disconnected service connection if the petitioner pays 50% of the assessed amount of Rs.2,20,223- 00 plus supervision and reconnection charges as stipulated. Final assessment is pending. By an interim order dated 30-08-2006, the respondents were directed to restore the disconnected power supply to the petitioner rice mill on the petitioner complying with the terms of the provisional assessment notice dated 11-07- 2006. It is represented that the petitioner has complied with the condition, has deposited the amount as stipulated in the provisional assessment notice and the service connection has already been restored. In the above circumstances, nothing survives in this writ petition The petitioner is at liberty to participate in the ﬁnal assessment proceedings. The amount deposited by the petitioner pursuant to the provisional assessment notice impugned in this writ petition shall be subject to the ﬁnal assessment orders. The writ petition is disposed of as above. There shall be no order as to costs. ____________________ GODA RAGHURAM, J Dated: 29-07-2008 pvks