HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No. 8804 of 2001 DATE: 28-01-2008 Between: Smt. A. Anusuya Devi ……………… Petitioner and 1. The A.P. Central Power Distribution Company Ltd (South Circle), Hyderabad rep by the Divisional Engineer, Assessments, Mint Compound, Hyderabad and another. ………….. Respondents HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No. 8804 of 2001 ORDER: This writ petition is filed seeking to declare the assessment notice, dated 17-04-2001 passed by the second respondent as illegal and arbitrary. The petitioner is a category-I consumer. His service meter was inspected by the second respondent on 12-04-2001 and reported that the petitioner was indulging in pilferage of power. In pursuance of that, the provisional assessment order has been passed directing the petitioner to pay Rs.34,249/- by observing that at the time of inspection, it was found that there is a gap in between the meter cover and the meter view glass. On the left side through the gap an X-ray film can be inserted to stop the disk rotation. As the consumption is not proportionate with the connected load, the consumer is meddling with the meter mechanism to suppress the actual consumption. Thus, the consumer is indulging in the theft of energy consumption. The petitioner did not mention whether he made any representation to the Divisional Engineer before passing the assessment order and whether the objections, if any, raised by him were considered or not. In the absence of that, it is desirable to direct the petitioner to make a representation to the Divisional Engineer, who shall pass a final assessment order after giving opportunity to the petitioner. The writ petition is, accordingly, disposed of directing the petitioner to make a representation to the Divisional Engineer regarding the objections, if any, to be raised by him and the Divisional Engineer shall, after taking into consideration the objections raised by the petitioner, pass appropriate final assessment order and communicate the same to the petitioner, if the final assessment order has not been passed till now. No order as to costs. ___________________ Dr. G. YETHIRAJULU, J Date:28-01-2008 YCR