IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25433 of 2009 Between: Syed Shakir … Petitioner And A.P. Central Power Distribution Co., Ltd., Hyderabad & others. … Respondents Counsel for the Petitioner: Sri T. Bala Mohan Reddy for Sri Sai Narayana Rao Counsel for the respondents: Sri O. Manohar Reddy The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25433 of 2009 ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to set aside provisional assessment notice dated 17.11.2009 for a sum of Rs.82,175/-. The petitioner is holding electricity service connection under the agreement with respondent No.1 Corporation. In his premises, the petitioner is running a Bakery. The said premises was inspected by the officials of the respondents on 29.10.2009 and having regard to the incriminating points observed, provisional assessment proceedings were initiated, wherein a sum of Rs.82,175/- was provisionally assessed as the alleged loss sustained on account of pilferage. The respondents have called upon the petitioner to pay 50% of the provisional assessment amount for restoring the power supply. This Court, by order dated 20.11.2009, directed the respondents to restore the power supply on the petitioner paying Rs.25,000/-. At the hearing, it has come out that the petitioner has paid the said amount and got the power supply restored. Though several contentions have been raised on merits, in my opinion, it is not appropriate to adjudicate on those contentions, because, the civil liability of the petitioner is required to be adjudicated by the Special Court under Section 154 (5) of the Electricity Act, 2003. Since the petitioner has already paid Rs.25,000/-, interests of justice would be met if power supply is continued till determination of his civil liability on the petitioner paying a further sum of Rs.15,000/- within a period of four weeks from today. On receipt of the said amount, the respondents shall initiate the final assessment proceedings before the Special Court for determination of the petitioner’s liability. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.33136 of 2009 and WVMP.No.268 of 2010 are disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J Date: 06.07.2010. ES