IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE SIXTEENTH DAY OF JUNE, TWO THOUSAND TEN WRIT PETITION Nos.24417, 24418, 24419, 24424, 24425, 24427 24430 and 24431 of 2007 WRIT PETITION No.24417 of 2007: Between: Kuppisetty Laxman. … Petitioner And Eastern Power Distribution Company of Andhra Pradesh Limited, reptd., by its Assistant Divisional Engineer, Operation, Tadepalligudem, West Godavari District and others. … Respondents Counsel for the petitioner: Sri Mangena Sree Ramarao for . (in all the WPs) Sri Nimmagadda Satyanarayana. Counsel for the respondents: Sri O.Manohar Reddy. (in all the WPs) This Court made the following: COMMON ORDER:- This batch of Writ Petitions pertains to provisional assessments made against the petitioners. Though the facts pertaining to the quantum of pilferage of electricity vary, the common issue that arises for consideration is whether the demand for payment of entire amount under the impugned provisional assessment notices is sustainable or not. Under Section 135 of the Electricity Act, 2003 (for short “the Act”), read with Condition No.10 of the General Terms and Conditions of Supply of respondent No.1, the respondents are entitled to make a provisional assessment of the loss sustained on account of the alleged pilferage of their consumers. In exercise of this power, the impugned provisional assessments have been made. Under Section 154 of the Act, the Special Court is competent to make a final assessment. In my opinion, when the final assessment proceedings are required to be initiated and the liability of the petitioners needs to be adjudicated, it is not appropriate for this Court to delve into the merits of the contentions raised in these Writ Petitions. Pending initiation and conclusion of the final assessment proceedings before the Special Court, interests of both the parties require to be balanced. The petitioners have paid 50% of the provisional assessment amounts. Sri O.Manohar Reddy, learned Standing counsel submitted that under Section 135 of the Act the respondents are entitled to recover the entire provisional assessment amounts, pending finalization of the assessment proceedings by the Special Court. The learned counsel for the petitioner submitted that the provisional assessment amounts are bloated up and therefore, insistence on the petitioners to pay the entire amounts causes hardship to their interest. In my considered opinion, interests of justice would be met if the petitioners are required to pay a further sum equivalent to 20% of the balance 50% amount due under the provisional assessment orders. Accordingly, the Writ Petitions are disposed of in the following terms: 1) The petitioners shall pay 20% of the provisional assessment amounts, in addition to the 50% amount already paid by them, within a period of eight weeks from today; 2) On receipt of such payment, the respondents shall refer the matters to the special Court for initiation and completion of final assessment proceedings; and 3) Till completion of final assessment proceedings and passing of orders therein by the special Court, the respondents shall not disconnect the power supply of the petitioners for non-payment of the further amount covered by the provisional assessment orders. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:16-6-2010 MNR