THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.21068 of 2007 ORDER: 1 This Writ Petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in threatening to disconnect power supply to the petitioner domestic Service Connection No.271/Cat-II of Makkinavarigudem village, pursuant to provisional assessment notice vide Letter No.ADE/C&O/K. KOTA/F. Doc/D.No.765/07, Dt.24.08.2007 issued by the 1st respondent as illegal, irregular without jurisdiction and violative of principles of natural justice, The Electricity Act, 2003 and rules and regulations framed there under and offends articles 14 and 21 of Constitution of India and consequently direct the respondents to continue power supply to the said service connection without insisting upon payment of any amount and pass such other and further order or orders, as this Hon’ble Court may deem fit and proper in the circumstances of the case. 2 The petitioner is availing electricity power supply from the respondent company vide Service Connection No.271/Cat-II of Makkinavarigudem village for residential purpose. The Assistant Engineer, Chintalapudi, inspected the service connection of the petitioner on 13.08.2007 at 18.00 hours. On the ground that the petitioner is indulged in malpractice by committing theft of energy, the respondents have assessed the loss of energy at Rs.24,977/- and issued the impugned proceedings demanding such payment pending determination of civil liability under section 154(5) of the Electricity Act, 2003 (for short ‘the Act’). 3 At the time of admission of this Writ Petition, on 05.10.2007 this Court granted interim direction to continue to supply power to the petitioner subject to the condition that he pays an amount of Rs.6,250/- within three weeks from that day. It is stated that the said amount has already been deposited. 4 In this Writ Petition it is the grievance of the petitioner that the allegations made against him are all false and there is no basis for demanding such amount from him. It is also the case of the petitioner that there was no truth in the allegations and no enquiry is conducted before issuing the impugned proceedings. It is also the case of the petitioner that the respondents cannot recover the amount unless the competent civil Court determines the liability under the provisions of the Act. 5 The Assistant Divisional Engineer, Construction-cum- Operation, Kamavarapukota Mandal, West Godavari District has filed a detailed counter. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the inspection was conducted in the presence of the petitioner who is the owner of the house and during the course of inspection it was found that the meter was not recording the consumption and the consumer was found availing supply of power by bypassing the meter and pilfering the energy. It is further stated that as per the terms and conditions of the supply, the respondents are empowered to issue the impugned demand notice in view of the report submitted by the then Assistant Engineer, Operations. After enforcement of the provisions under the Electricity Act, 2003, power with regard to determination of civil liability for theft of energy is conferred on the Special Court constituted under the Act. It is apt to refer to the provision of Section 154(5) of the Act, which reads as under: “The Special Court may determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of civil suit.” 6 In view of the aforesaid provision, in cases where theft of energy is noticed at the instance of the consumer, it is obligatory on the part of the respondents to refer such matter to the Civil Court constituted under the Act for determination of civil liability. In this case, it is clearly submitted by the learned counsel for the petitioner that so far the matter was not referred to the Civil Court for adjudication of civil liability on the allegation made against the petitioner. Though it is the allegation of the petitioner that the allegations are false, but it is not for this Court to record any finding on the allegations made against the petitioner. Once the matter is referred to the civil Court, the petitioner can put forth his defence opposing the liability and the allegation of malpractice made against him. As it is stated that the impugned proceedings are issued demanding an amount of Rs.24,977/- and as the petitioner has already paid an amount of Rs.6,250/-, I deem it appropriate to dispose of the Writ Petition directing the respondents to continue the power supply to the service connection of the petitioner on further payment of Rs.6,250/- , within a period of two months from today. It is further made clear that it is open to the respondents to refer the dispute for fixation of civil liability on the allegations made against the petitioner as contemplated under Section 154(5) of the Act and until such liability is fixed, they shall not take steps to recover any further amount from the petitioner and the payments made by the petitioner so far will be subject to the fixation of civil liability on the petitioner. It is further made clear that if the further amount of Rs.6,250/- as ordered today is not deposited within the time frame referred above, it is open to the respondents to take steps for discontinuation of power supply to the service connection of the petitioner. 7 Subject to the above directions, this Writ Petition is disposed of. No order as to costs. -------------------------- R.Subhash Reddy, J. 13.12.2011 Kvsn