THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.22681 of 2003 ORDER: The petitioner is a Cinema Theater established at Kotabommali, Srikakulam District. It is supplied with power under LT-II Category. The theatre was under lease up to 31.12.2001. The officials of the A.P. Transmission Corporation, 1st respondent herein, inspected the premises of the petitioner on 13.03.2001. Suspecting malpractice on the part of the petitioner, an order of provisional assessment was passed on 13.03.2001 proposing to levy a sum of Rs.2,01,031/-. The petitioner filed W.P.No.4863 of 2001 against the order of provisional assessment. The writ petition was disposed of on 19.04.2001 directing restoration of power supply on payment of Rs.10,000/-. The petitioner complied with the same. An order of final assessment was passed by the Divisional Engineer (Assessments) on 15.10.2001, almost confirming the order of provisional assessment. The petitioner preferred an appeal to the 2nd respondent and the appeal was also rejected on 22.09.2003. Hence, this writ petition. The petitioner contends that the Electricity Act, 1910 (for short ‘the Act’) was amended by the A.P. Legislature, by introducing Section 49(c) of the Act, with effect from 31.07.2000, providing for constitution of special Tribunals, to deal with the cases of this nature and in that view of the matter, the order of final assessment was without jurisdiction. The petitioner contends that it was acquitted in a criminal case, instituted against it, on the basis of the alleged malpractice. The respondents filed a counter affidavit stating inter alia that in view of the change in the legislative scenario, no interference is warranted. It is also stated that not withstanding Section 49-C of the Act, the power of the final assessment authority exists under clause 39 of the Terms and Conditions of Supply. Heard Sri D.Nagarjuna Babu, learned counsel for the petitioner and Sri O.Manohar Reddy, learned counsel for the respondents. During the past decade, the laws relating to electricity supply have undergone radical change. The Electricity Act 1910 and the various supporting legislations brought under it were holding the field till 2000. The orders of final assessment and the appeals against them were virtually in the domain of the officials of the Department. Through Act 35 of 2000, the A.P. Legislature inserted Section 49-C providing for constitution of special Tribunal and Section 49-D for constitution of special Court. The Special Tribunal was conferred with the power to determine the matters, which are akin to orders of final assessment. Apart from that, the power to impose punishment contemplated under Section 39 of that Act was also conferred upon the Special Tribunal. Sub- Section (5) thereof directed that all the matters, upon which the Tribunal is conferred with the jurisdiction, shall stand transferred to it from the various authorities, which were hitherto handling the same. The order of final assessment against the petitioner was passed on 15.10.2001. By that time, Section 49-C of the Act came into operation. The Courts of I Additional District Judge in every District were treated as Special Tribunals under Section 49-C of the Act. Therefore, the order of final assessment passed by the Divisional Engineer is without jurisdiction. The adjudicatory set up brought into existence through Act 35 of 2000 has also been replaced by the one under the Electricity Act 2003. Section 153 thereof constituted special courts. Courts of I Additional District Judge in each District in the State of A.P. were designated as the Courts under Section 153 of the Act. Except that, the Special Court under Section 49-D of the Act stood abolished; the Special Tribunals under Section 49-C of the Act started functioning as those under Section 153 of the 2003 Act. In view of these developments, the matter in relation to the power supply to the petitioner has to land in the Special Court under Section 153 of the 2003 Act from the stage of final assessment. The order of final assessment dated 15.10.2001 needs to be set aside. The apprehension of the learned Standing Counsel for the respondents that legal complications may arise, in case, the proceedings vis-à-vis the petitioner are to be brought before the Special Court under Section 153 of the 2003 Act does not appear to be well founded. For all practical purposes, there is smooth transition of all the proceedings from the concerned institutions. In fact, the Special Tribunal under Section 49-C of the Act is now functioning as a Special Court under Section 153 of the 2003 Act. The order of provisional assessment, dated 13.03.2001, does not need any change, even if a different authority is conferred with the power under the new set up. The reason is that Section 182 of the 2003 Act provides for such transition. Therefore, the writ petition is allowed and the orders, dated 15.10.2001 and 22.09.2003, are set aside. It shall be open to the respondents to take the matter before the Special Court under Section 153 of the 2003 Act. There shall be no order as to costs. _________ 03.12.2008 JSU THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.22681 of 2003 Date: 03.12.2008 JSU