THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10786 of 2008 Dated 24th August, 2010 Between: B. Rama Krishna Rao. …Petitioner And Eastern Power Distribution Company of Andhra Pradesh Limited, and others. …Respondents Counsel for the petitioner: None appeared Counsel for respondents: Sri O. Manohar Reddy, standing counsel for APEPDCL The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal having regard to the nature of issue involved. This writ petition is filed for a Mandamus to set aside the provisional assessment notice bearing No.ADE/O/R/ELR/D.No.1050/06 dated 09.08.2006 as illegal and arbitrary. The petitioner is a consumer of the respondents. On the allegation that he has dishonestly abstracted electricity, the impugned provisional assessment has been made. This Court, by order dated 14.05.2008 in W.P.M.P.No.14077 of 2008, while admitting the writ petition, granted interim direction to the respondents to continue the power supply, if the petitioner has already paid a sum of Rs.33,736/- (representing 50% of the demanded amount). At the hearing, there is no representation for the petitioner. The learned standing counsel appearing for the respondents is unable to state whether the petitioner has paid the abovementioned amount or not. Having regard to the nature of the interim order, if the petitioner has not complied with the condition contained in the interim order, the respondents may not be continuing the power supply. Inasmuch as the final assessment proceedings need to be taken up for assessing the petitioner’s civil liability by the Special Court under Section 154 (5) of the Electricity Act, 2003 (for short ‘the Act’), I do not find it appropriate to adjudicate on the issues raised by the respective parties in this writ petition at this stage. Accordingly, the Writ Petition is disposed of without going into the merits of the contentions raised by the parties with the direction to the respondents to get the civil liability of the petitioner determined under Section 154 (5) of the Act. If the petitioner has already paid 50% of the provisional assessment amount, no further amount shall be demanded from him towards the provisional assessment amount as a condition to continue to the power supply. As a sequel to disposal of the writ petition, interim order dated 14.05.2008 in W.P.M.P.No.14077 of 2008 is vacated and W.P.M.P.No.14077 of 2008 and W.V.M.P.No.2424 of 2008 are disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 24th August, 2010 GHN