THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.18992 of 2008 Dated: 26.10.2010 Between: Gubbala Lakshmi Kumari .. Petitioner. and Eastern Power Distribution Co. of Andhra Pradesh Limited, Rep. by Assistant Divisional Engineer, Amalapuram, East Godavari District, and another. .. Respondents. ORDER: Petitioner claims to be the absolute owner and possessor of the house property bearing Door No.5-3-110, Suryanagar, Amalapuram, East Godavari District, to which two electricity Service Connections were granted i.e., Service Connection bearing Ns.13353 for front portion and Service Connection bearing No.007868 for another portion of the said premises. While so, the 1st respondent issued provisional assessment order in Lr.No.ADE/OSD/AMP/D.No.1407/08, dated 21.08.2008, assessing an amount of Rs.1,04,845/- towards the electricity charges due to the company for the alleged pilferage of energy under Service Connection No.13353. The petitioner contends that the respondent authorities are pressuring her to pay an amount of Rs.65,000/- to continue the power supply, otherwise the same will be disconnected. The grievance of the petitioner is that she requested the authorities to enquire the matter in detail, by giving her an opportunity to defend the charges/allegations made in the impugned order and not to disconnect the power supply till such time, but without considering her request, the authorities are insisting her to deposit the amount demanded immediately. Hence, this writ petition. While admitting the writ petition on 02.09.2008, this court passed interim orders in W.P.M.P.No.24761 of 2008, directing the respondents not to disconnect the power supply under Service Connection No.13353/Cat-I of Amalapuram Town, subject to the condition of the petitioner depositing half of the amount demanded within a period of two weeks from that day. Learned counsel for the petitioner submits that the petitioner paid the amount as per the interim orders dated 02.09.2008 passed by this Court in WPMP.No.24761 of 2008 and power supply is not disconnected under Service Connection No.13353. Learned counsel appearing for the respondents submits that the assessment under the impugned order was made as per Section 126 of the Electricity Act, 2003 (for short ‘the Act’), against which there is an effective alternative remedy of appeal, under Section 127 of the Act, before the higher authority, subject to the payment of 50% of the impugned demand. Having regard to the submissions made by the learned counsel and also the fact that the petitioner has already paid 50% of the impugned demand pursuant to the interim orders dated 02.09.2008 passed by this Court in WPMP.No.24761 of 2008, I deem it appropriate to dispose of the writ petition, directing the petitioner to approach the higher authority and file an appeal under Section 127 of the Act against the impugned order, within a period of four weeks from the date of receipt of a copy of this order, and upon filing such appeal, the higher authority shall entertain the same without raising any objection as to limitation and dispose it within a period of four weeks from the date of filing of the appeal. Till disposal of appeal, the interim order 02.09.2008 passed in WPMP.No.24761 f 2008 shall continue. With the above directions, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 26.10.2010 v v