HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No. 9215 of 2001 DATE: 28-01-2008 Between: Devaraj ……………… Petitioner and 1. The Assistant Division Engineer, Distribution V, City I, Operation Central Circle, A.PC.P.D.C.L., Indira Park, Hyderabad. ………….. Respondent HON’BLE DR. JUSTICE G. YETHIRAJULU W.P.No. 9215 of 2001 ORDER: This writ petition is filed seeking to declare the provisional assessment notice, dated 28-03-2001 issued by the respondent as illegal and arbitrary. It is alleged that the respondent officials visited the premises of the petitioner on 16-03-2001 and 23-03-2001 and inspected the service meter and sent the meter to M.R.T. Lab for testing and suspected that there is pilferage of energy since the seals fixed to the meter were not in condition and the meter was not rotating. Basing on the said circumstances, the respondent issued the impugned notice alleging that the petitioner meddled with the meter and suppressed the actual consumption to be recorded by the service meter and arrived at an amount of Rs.84,312/- as provisional loss of energy. Being aggrieved by the same, the petitioner preferred the present writ petition. The learned counsel for the respondent submitted that it is not known whether, in pursuance of the provisional assessment notice, the petitioner submitted any representation and whether any final assessment order has been passed by the respondent. The petitioner did not mention whether he made any representation to the authorities before passing the final assessment order. In the absence of that, it is desirable to direct the petitioner to make a representation to the Divisional Engineer, who shall pass a final assessment order after giving opportunity to the petitioner. In the light of the above circumstances, the writ petition is disposed of directing the petitioner to make a representation to the Divisional Engineer against the provisional assessment notice and the Divisional Engineer shall make necessary enquiry and pass final assessment order keeping in view the objections, if any, raised by the petitioner and communicate the same to the petitioner, if the orders have already not been passed by the said authority till now. No order as to costs. ___________________ Dr. G. YETHIRAJULU, J Date:28-01-2008 YCR