THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.9765 OF 2010 Dated 27th April, 2010 Between: Syed Naseeruddin …Petitioner And The Assistant Divisional Engineer, Operation, Golconda, APCPDCL, Hyderabad and 2 others. …Respondents Counsel for the petitioner : Mr.A.Najeeb Khan Counsel for the respondents: Mr.O.Manoher Reddy, SC for APTRANSCO The Court made the following: Order: With the permission of the Court, the learned Counsel for the petitioner deleted respondent No.3 from the array of parties. This Writ Petition is filed for a certiorari to quash order, dated 13-04-2010, issued by respondent No.1, disconnecting power supply to the petitioner’s service connection bearing No.D 6001824 in Premises No.8-1-423/5A, Teja Colony, Tolichowki, Hyderabad, as illegal and arbitrary. I have heard Sri A.Najeeb Khan, learned Counsel for the petitioner, and Sri S.V.Ramana, learned Counsel representing Sri O.Manoher Reddy, learned Standing Counsel for respondent Nos.1 and 2. The petitioner’s Service Connection bearing No.D 6001824 was inspected on 12-04-2010 by the officials of the A.P.Central Power Distribution Company Limited. During the inspection, it was allegedly found that the petitioner has connected power to his premises by directly hooking PVC aluminium service wire to the nearby LT overhead line by removing the energy meter and keeping it somewhere else. On the basis of the said inspection, provisional assessment has been made of the alleged loss sustained by the petitioner at Rs.2,38,694/- apart from disconnecting the power supply. In the notice, which is impugned in this Writ Petition, the petitioner was called upon to pay 50% of the said amount for restoration of power supply and the balance 50% in instalments. At the hearing, the learned Counsel for the petitioner raised several contentions including the one pertaining to the non-involvement of petitioner in alleged pilferage. As final assessment proceedings are required to be initiated, I am not inclined to deal with any of these contentions at this stage. Having regard to the penal nature of the proceedings and keeping in view the fact that the petitioner is a small non-domestic/commercial consumer, I feel that interests of justice would be served, if the petitioner is put to reasonable terms as a condition of restoration of power supply pending final assessment proceedings. Accordingly, the respondents are directed to restore power supply to the petitioner’s Service Connection bearing No.D 6001824 subject to his depositing with the respondents a sum of Rs.60,000/-. Immediately on receipt of the said amount, the power supply shall be restored to the petitioner’s Service Connection. Payment of the said sum and restoration of power supply shall be subject to the result of the final assessment proceedings. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.12572 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 27th April, 2010 lur