IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF DECEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33146 of 2011 Between: V. Chandrasekhara Rao … Petitioner And The Chief General Manager/Operations/ A.P. Company of Power Distribution Corporation Ltd., Hyderabad & others. … Respondents Counsel for the petitioner: Sri M. Prasada Rao Counsel for respondents 1-4: Sri O. Manohar Reddy This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33146 of 2011 ORDER:- This Writ Petition is filed for a Mandamus to set aside order, dated 21.11.2011, of respondent No.2, whereby he provisionally assessed Rs.4,77,103/- towards the alleged loss sustained by the APCPDCL on account of the alleged unauthorised usage of electricity from 05.12.2009 to 05.12.2010. At the hearing, it has come out that the petitioner has a right of appeal to the Chief Engineer concerned. The learned counsel for the petitioner stated that while his client has no objection for availing the remedy of appeal, he is, however, facing the constraint of payment of 50% of the assessed amount as a condition for maintaining the appeal. The learned counsel further stated that from 06.12.2010 the petitioner is treated under category II and bills are being paid and that it is only for the anterior period of one year that the assessment is made. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of in the following terms. 1) The petitioner is permitted to file appeal within a period of two weeks from today before the appellate authority. 2) Since notice demanded only arrears for the period of one year and the petitioner is presently paying tariff under category II, the appellate authority shall entertain the appeal and dispose of the same, without insisting on payment of 50% of the demand made under the impugned provisional assessment order or any part thereof, and 3) The respondents shall not disconnect the power supply to the petitioner for non-payment of the amount demanded under the impugned provisional assessment order until disposal of the appeal. As a sequel, WPMP.No.41178 of 2011 is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 16.12.2011 ES Note:- Furnish CC by 21.12.2011. (B/o.) ES