THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :28582 of 2007 Date: 22.6.2010 Between: Chetty raju ..... PETITIONER AND The Chief General Manager, P.O, The Central Power Distribution Company of A.P. Ltd., and others. .....RESPONDENTS Counsel for the Petitioner : Mr.B. Gangadhar Goud Counsel for the Respondent Nos. 1 to 4 : Sri O. Manohar Reddy The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :28582 of 2007 ORDER: This writ petition is filed for a mandamus to set aside provisional assessment dated 4.12.2007. The petitioner, who is an L.T. domestic consumer, allegedly indulged in pilferage of electricity, for which, provisional assessment was made at Rs. 69,726/-. In the present writ petition, the petitioner has questioned the said assessment. In my opinion, as the civil liability of the petitioner is required to be determined by the Special Court under the provisions of Section 154(5) of the Electricity Act, 2003, it is not appropriate for this Court to render findings on merits on the pleas raised by the petitioner in this writ petition. In compliance with the condition stipulated by this Court for granting interim order, the petitioner has already paid Rs.25,000/-. In view of the plea of the petitioner that he is a small tea vendor and that the assessment made is on a far higher side, I feel it appropriate to direct that the respondents shall continue the power supply to the petitioner subject to the latter paying a further sum of Rs.20,000/- (Rupees Twenty Thousand Only) within a period of eight weeks from today. If such payment is made, the respondents shall continue the power supply till completion of the final assessment proceedings. On such payment being made, the respondents shall initiate proceedings before the Special Court for determination of the petitioner’s civil liability under the above mentioned provision and continue the power supply to the petitioner till such determination by the Special Court. Subject to the above directions, the writ petition is disposed of. No costs. __________________________ C.V. NAGARJUNA REDDY,J DATE: 22nd June, 2010 pnb