THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1318 of 2011 Dated 06th April, 2011 Between: B.T.V.S.Ranga Babu …Petitioner And The Superintending Engineer, Operation, APEPDCL, Eluru, West Godavari District and others …Respondents Counsel for the petitioner: Sri B.P.Raju Counsel for respondents: Smt.Jyothi Eswar Gogineni The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside the provisional assessment notice bearing Lr.No.ADE/OSD/T/TPG/S.Er/F. Pil/D.No.1584/11, dated 19.01.2011, of respondent No.3. I have heard the learned counsel for the petitioner and Smt.Jyothi Eswar Gogineni, learned Standing Counsel representing the respondents. The petitioner is a consumer of electricity supplied by the respondents. The service connection was inspected by AE/O/S.S/TPG on 19.01.2011 at 11.10 hrs and reported that the petitioner was indulging in theft of energy. On receipt of the inspection report, respondent No.3 issued the impugned proceedings, whereby he has provisionally assessed the value of the energy allegedly pilfered at Rs.1,13,635/- and demanded 50% of the assessed amount for restoration of supply with the direction that the petitioner shall pay the balance 50% in one instalment. Whether the petitioner committed pilferage or not needs to be adjudicated in the proceedings to be initiated before the Special Court under Section 154(5) of the Electricity Act, 2003 (for short ‘the Act’). Therefore, it is not appropriate for this Court to delve into the various contentions advanced by the petitioner on merits at this stage. However, in order to balance the interests of both the parties, I am of the view that the respondents shall not disconnect the power supply as the petitioner has already paid 50% of the assessed amount until his civil liability is determined by the Special Court. It is accordingly ordered with a further direction to the respondents to refer the petitioner’s case to the Special court concerned for determination of his civil liability under Section 154(5) of the Act. Subject to the above, the writ petition is disposed of. As a sequel to disposal of the writ petition, the interim orders, dated 28.01.2011 and 04.02.2011, granted by this Court shall stand vacated and W.P.M.P.No.1613 of 2011 and W.V.M.P.No.768 of 2011 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 06th April, 2011 VGB