IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14884 of 2009 Between: Momin Baig, S/o. Anwar Baig, Prop. of Biz Bakery, Situated at 8-1-398/A/26, Hakimpet Road, Towlichowki, Hyderabad. ..... PETITIONER AND 1 Andhra Pradesh Distribution Company Limited, Rep. by its the Assistant Divisional Engineer (ADE), Operation Mehdipatnam, Masab Tank, APCPDCL, Hyderabad. 2 The Inspector of Police, Vigilance APTS, Team II, P.S. Vidyuth Soudha, Hyderabad. .....RESPONDENTS Counsel for the Petitioner: MR.M.A.MUJEEB Counsel for the Respondents: MR.S.V.RAMANA FOR MR.O.MANOHER REDDY The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to set aside provisional assessment Notice, dated 26-06-2009, issued by respondent No.1- Assistant Divisional Engineer (Operation), APCPDCL, Mehdipatnam, Masab Tank, Hyderabad. During the inspection conducted on 23-06-2009 by the ADE, SD-I, DPE, Hyderabad Central, it was allegedly found that the petitioner indulged in pilferage of energy. The meter was stated to have been sent for testing in the MRT lab and it was, allegedly, found that two numbers of meter cover seals were in tampered condition and the meter performance was found to be with (-) 78% error. Therefore, provisional assessment of the value of the energy, allegedly, pilfered by the petitioner was made apart from demanding the compounding amount of Rs.32,000/-. The petitioner claimed that it paid the compounding amount, but, however, it disputed its liability to pay the amount demanded under the provisional assessment Notice. Whether the petitioner indulged in pilferage or not requires to be decided by the authority vested with the power to make final assessment in accordance with the statutory provisions and terms and conditions. However, pending final assessment, it would be in fitness of things that the electricity disconnected to the petitioner’s premises be restored by putting the petitioner to reasonable terms. The respondents demanded 50% of the provisional assessment amount. In the light of the plea of the petitioner that it is a small commercial unit, selling ice creams and other milk products, I deem it appropriate to direct the petitioner to pay Rs.1,00,000/- in two equal monthly installments towards the amount provisionally assessed. On payment of the first installment amount of Rs.50,000/-, the respondents shall restore the power supply to the petitioner’s premises. Within one month of such restoration, the petitioner shall pay the balance 50% of the amount. However, the said payments shall be subject to the result of the final assessment proceedings. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.19541 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 24th July, 2009 lur