IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9611 of 2009 Between: Kantipudi Seetha Ratnam W/o.Late Sri.K.V.R.Choudhary R/o.D.No.20-6-2,Seethapathi Rao Street Kakinada-533001,East Godavari District ..... PETITIONER AND The Assistant Divisonal Engineer, Operation Rural AP Eastern Power Distribution Company Limited Kakinada, East Godavari District .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the provisional assessment order bearing Lr.No.ADE/O/R/KDA/F.Doc/D.No.3681/2009 dated 24.3.2009 issued by the respondent as illegal, arbitrary, and unjust and consequently direct the respondent to drop all further proceedings relating to SC.no.1786 Category-I situated at Ramanayyapeta village, Kakinada Rural Mandal, East Godavari District Counsel for the Petitioner: MR.N.SIVA REDDY Counsel for the Respondent: MR.O.MANOHER REDDY The Court made the following : ORDER: Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent. This writ petition is filed by the petitioner challenging the provisional assessment order dated 24-03-2009 with regard to service connection No.1786 of Ramanayyapeta Village, Kakinada Rural Mandal, East Godavari District. The petitioner is the consumer of electricity under the said service connection. His service connection was inspected by the Assistant Divisional Engineer/DPE-II/SD/RJY and during such inspection, it was noticed that he was using the power supply for commercial purpose though the service connection was released for Category – I i.e., for domestic purpose. Alleging such unauthorized use of electricity by the petitioner, the respondent has initiated assessment proceedings to recover the alleged loss caused to the respondent – Company. However, by way of provisional assessment, by the impugned order, the respondent demanded an amount of Rs.40,358/- for continuation of power supply during the pendency of the assessment proceedings. It is the case of the petitioner that the allegations made in the impugned order are false and the usage of power supply by him was only for domestic purpose. Therefore, the very demand itself is illegal and arbitrary. Whether the petitioner had used the power supply for commercial use or not as alleged by the respondent, is a matter for enquiry in the final assessment proceedings. Inasmuch as the final assessment proceedings are pending, it is open for the petitioner to put forth his objections before the assessing authority opposing the demand. As much as it is stated that there is a threat of disconnection of power supply and further in view of the pendency of final assessment proceedings before the competent authority, I dispose of the writ petition suspending the provisional assessment order dated 24-03- 2009 subject to condition of the petitioner depositing an amount of Rs.20,200/- (Rupees Twenty Thousand Two Hundred only) within a period of six weeks from today. Subject to the above, the writ petition is disposed of. However, it is made clear that it is open to the respondents to proceed with the final assessment proceedings as per the terms and conditions of supply. No order as to costs. R. SUBHASH REDDY, J 01-05-2009 ks/ktl Note: Furnish Copy by tomorrow. B/O Ks/ktl