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 : 22689 of 2008 Between: Nallamilli Subbireddy S/o. Late China Venkata Reddy r/o. B.R.Market, Tadepalligudem Town and Mandal, West Godavari District. ..... PETITIONER AND 1 Eastern Power Distribution Company of Andhra Pradesh Ltd., Rep. by its Assistant Divisional Engineer, Operation, Tadepalligudem Town, West Godavari District. 2 The Assistant Engineer, Operation, South, Tadepalligudem, Eastern Power Distribution Company of A.P. Ltd., West Godavari district. 3 The Assistant Accounts Officer / ERO, Eastern Power Distribution Company of A.P. ltd., Tadepalligudem, West Godavari Dsitrict. .....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 nature of Writ of Mandamus declaring the provisional assessment notice in Lr. No. ADE/OSD/T/TPG/S.Er/F.PIL. D.No. 1662/06, dt. 24.6.2006 and consequential action of disconnecting power to the petitioenr service connection no. 9503/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 Counsel for the Petitioner: 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.22689 of 2008 ORDER: The petitioner was availing power supply under service connection No.9503/Cat-III at Tadepalligudem. His premises was inspected by Assistant Divisional Engineer (ADE/DPE- II/Eluru) on 09.06.2006. Having noticed certain incriminating circumstances like tampering meter, ADE came to the conclusion that the petitioner was pilfering energy. Accordingly value was assessed at Rs.3,40,470/-. While disconnecting power supply the petitioner was informed to pay 80% of the assessed amount to avail power supply. Aggrieved by the same, the petitioner herein and others 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 petitioner 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 petitioner and learned standing counsel for APEPDCL. Having regard to the fact that the petitioner’s 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 petitioner that the grounds urged herein were not urged in the earlier writ petition cannot be accepted. The petitioner 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 petitioner had also remedy to ﬁle a writ appeal. But he did not do so. The petitioner’s counsel, however, submits that the enquiry has not yet been conducted. If that be so, the competent authority may give notice to the petitioner, 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 Ltd., Rep. by its Assistant Divisional Engineer, Operation, Tadepalligudem Town, West Godavari District. 2 The Assistant Engineer, Operation, South, Tadepalligudem, Eastern Power Distribution Company of A.P. Ltd., West Godavari district. 3 The Assistant Accounts Officer / ERO, Eastern Power Distribution Company of A.P. ltd., Tadepalligudem, West Godavari Dsitrict. 4 2CD copies Form-NIC-OGS/WP{KSRANI}