THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.14472 of 2008 Date : 24-8-2010 Between: P.Vijaya Babu s/o.Ramaiah .. Petitioner And The A.P. Central Power Distribution Company Limited, represented by its Chairman and Managing Director, Singareni Bhavan, Red Hills, Hyderabad and another .. Respondents Counsel for petitioner : Smt.Bobba Vijaya Lakshmi Counsel for respondents : Sri O.Manohar Reddy The Court made the following : ORDER: This Writ Petition is filed to set aside the original assessment No.ADE/CCO/TPT/Tech/F.No.DOC/D.No.1600/08 dated 1-7-2008 issued by 2nd respondent. The petitioner is a consumer of electricity of the respondents. On the basis of inspection of the petitioner’s premises on 24-6-2008, the impugned provisional assessment notice has been issued, estimating the value of the energy allegedly pilfered by the petitioner at Rs.4,81,435/-. The petitioner was called upon to pay 50% of the said amount apart from the compounding fee of Rs.1,57,000/- for continuing the power supply. Assailing this notice, the petitioner filed the present Writ Petition. On 7-7-2008, this Court while admitting the Writ Petition directed restoration of power supply to the petitioner’s service connection on depositing Rs.1,20,000/- with the 2nd respondent. At the hearing, Sri O.Manohar Reddy, the learned Standing Counsel submitted that in pursuance of the interim order, the petitioner has paid the abovementioned amount apart from the compounding fee. He has further stated that as the petitioner has indulged in pilferage, the petitioner is liable to pay the entire balance amount. Though several contentions have been raised on merits, in my opinion, it is not appropriate to adjudicate on those contentions, because, the civil liability of the petitioner is required to be adjudicated by the Special Court under Section 154(5) of the A.P.Electricity Act, 2003. Inasmuch as the demand raised against the petitioner was Rs.4,81,435/-, to balance the interests of both the parties, I find it appropriate to direct the petitioner to pay a further sum of Rs.1,20,000/- which together with the amount already deposited will constitute 50% of the provisional assessment amount, for continuance of power supply to the petitioner’s service connection, till his civil liability is determined by the Special Court under Section 154(5) of the A.P. Electricity Act, 2003. Accordingly, the petitioner is directed to pay the said sum within a period of six weeks from today. On such deposit being made, the respondents shall initiate proceedings for determination of the petitioner’s civil liability by the Special Court and the power supply to the premises in question of the petitioner shall be continued till such determination. The Writ Petition is accordingly disposed of. No costs. _________________________ Justice C.V. Nagarjuna Reddy Date : 24-8-2010 AM