IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO : 22687 of 2008 Between: 1 Kiladi Anil Kumar S/o. Late Kiladi Sanyasi Rao R/o. B.R. Market, Tadepalligudem (Town & M), West Godavari District. 2 Nallamilli Satyanarayana Reddy, S/o. China Venkata Reddy, R/o. B.R. Market, Tadepalligudem (Town & M), West Godavari District. 3 . ..... PETITIONERS AND 1 Eastern Power Distribution Company of Andhra Pradesh Limited. rep by its Assistant Divisional Engineer, operation, Tadepalligudem Town, West Godavari District. 2 The Assistant Engineer, operation, South, Tadepalligudem, Eastern Power Distribution Company of Andhra Pradesh Limited, West Godavari District. 3 The Assistant Accounts Officer/ERO, Eastern Power Distribution Company of Andhra Pradesh Limited, Tadepalligudem, West Godavari District. 4 . .....RESPONDENTS 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 a writ order or direction more particularly one in the natrue of writ of Mandamus declaring the provisions assessment notice in Lr.No. ADE/OSD/T/TPG/S.Er./F.PIL D.No. 1664/06 dt. 24-6-2006 and consequential action of disconecting power supply to the petitioner service connection NO. 8164/Cat-III of South Tadepalligudem Distribution as illegal, irregular, arbitrary without jurisdiction and violative of the provisions of the Electricity Act, 2003 rules and regulations framed there under and oﬀends Articles 14 and 21 of Constitution of India and consequently direct the Respondents to restore power supply to the petitioner service connection to his ﬂour mill and pass such other order or orders Counsel for the Petitioners:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22687 of 2008 ORDER: The two petitioners are concerned with a ﬂourmill availing power supply under service connection No.8164/CAT-III at Tadepalligudem. Their premises was inspected by Assistant Divisional Engineer (ADE/DPE-2/Eluru) on 09.06.2006. Having noticed certain incriminating circumstances like tampering meter, ADE came to the conclusion that the petitioners were pilfering energy. Accordingly value was assessed at Rs.4,19,895/-. While disconnecting power supply the petitioners were informed to pay 80% of the assessed amount to avail power supply. Aggrieved by the same, the petitioners herein and another ﬁled W.P.No.16267 of 2006 seeking invalidation of the provisional assessment order dated 24.06.2006. This Court dismissed said writ petition on 29.07.2008 giving liberty to the petitioners therein to participate in the enquiry pursuant to the said provisional assessment notice impugned in the said writ petition. The petitioners again ﬁled instant writ petition raising a plea that the provisional assessment order/notice is without jurisdiction and that the respondents have no jurisdiction to assess the value of pilfered energy at a tariﬀ equivalent three times the normal tariﬀ and that under Section 126(6) of the Electricity Act, 2003, 1 ½ times tariﬀ can only be levied on allegation of pilferage of energy. This Court heard learned counsel for the petitioners and learned standing counsel for APEPDCL. Having regard to the fact that the petitioners’ writ petition, being W.P.No.16267 of 2006, has already been dismissed, this Court is not able to accept the present writ petition for further adjudication. The submission of learned counsel for the petitioners that the grounds urged herein were not urged in the earlier writ petition cannot be accepted. The petitioners had an opportunity to raise all the questions when they challenged the very same impugned provisional assessment order/notice in the earlier writ petition. When the earlier writ petition was dismissed the petitioners had also remedy to ﬁle a writ appeal. But they did not do so. The petitioners’ counsel, however, submits that the enquiry has not yet been conducted. If that be so, the competent authority may give notice to the petitioners, conduct enquiry and pass appropriate final assessment order. The writ petition, with the above observations, is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 17th October, 2008 GHN To 1 Eastern Power Distribution Company of Andhra Pradesh Limited. rep by its Assistant Divisional Engineer, operation, Tadepalligudem Town, West Godavari District. 2 The Assistant Engineer, operation, South, Tadepalligudem, Eastern Power Distribution Company of Andhra Pradesh Limited, West Godavari District. 3 The Assistant Accounts Officer/ERO, Eastern Power Distribution Company of Andhra Pradesh Limited, Tadepalligudem, West Godavari District. 4 2CD copies Form-NIC-OGS/WP{VSMI}