IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWLEFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12067 of 2008 Between: Ashoka Sharada S/o. Ramnivas Sharada Near Bal Reddy Poultry Farm, Shamshabad Village & Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Central Power Distribution Company of A.P. Ltd., rep. by its Chairman & Managing Director, Singareni Bhavan, Red Hills, Hyderabad. 2 The Assistant Divisional Engineer, Operation: Shamshabad The Central Power Distribution Company of A.P. Ltd., Shamshabad, Ranga Reddy District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring provisional assessment notice in Lr. No.ADE/OP/SHBD/F.Theft/D.No.51, dated 11.04.2008 issued by the 2nd respondent provisionally assessing the alleged the pilferage to the tune of Rs.69,438/- as illegal, arbitrary, unjust and contrary to Section 138 of Electricity Act, 2003 and consequently set aside the same and pass Counsel for the Petitioner:MR.VENKAT REDDY THIPPARTHI Counsel for the Respondents: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12067 of 2008 ORDER: Petitioner questions the provisional assessment proceedings relating to theft of electricity vide impugned proceedings, dated 11-04-2008, provisionally assessing the liability of the petitioner to pay electricity charges of Rs.69,438/- pending enquiry in the final assessment, on the ground that without making any enquiry and without giving any opportunity, provisionally assessing the said amount under Section 154(6) of the Electricity Act, 2003, is illegal and arbitrary. I am not inclined to express any opinion as to the merits of the case as the impugned order being only provisional assessment. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondent to restore power supply to the petitioner’s service connection No.3317 subject to the condition of paying half of the provisionally assessed amount, which will be subject to the final assessment. There shall be no order as to costs. ___________ 12-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}