THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10083 of 2008 Dated 24th August, 2010 Between: Syed Jaffer Hussain Belgrami. …Petitioner And The Superintending Engineer (Assessment) and others. …Respondents Counsel for the petitioner: Sri R. Syamsundar for Sri Mohd. Asifuddin Counsel for respondents: Sri O. Manohar Reddy, standing counsel for APCPDCL The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal having regard to the nature of issue involved. A demand for Rs.1,62,165/- was raised against the petitioner on the ground that he indulged in availing direct supply by tapping from the panel board with the help of black coloured aluminium service wire and connecting it to the load in the cellar of the complex for commercial use. This Court, by order dated 02.05.2008 in W.P.M.P.No.13256 of 2008, directed the respondents not to disconnect the power supply subject to the petitioner paying a sum of Rs.80,000/- which works out to 50% of the provisional assessment amount in addition to the compounding fee. In the counter-affidavit filed by the respondents in the writ petition, it is inter alia admitted that a sum of Rs.81,300/- was paid by the petitioner on 30.04.2008 apart from a sum of Rs.27,000/- towards compounding fee on 02.05.2008 and that the power supply was restored. Inasmuch as the final assessment proceedings need to be taken up for assessing the petitioner’s civil liability by the Special Court under Section 154(5) of the Electricity Act, 2003 (for short ‘the Act’), I do not find it appropriate to adjudicate on the issues raised by the respective parties in this writ petition at this stage. As the petitioner has already paid 50% of the provisional assessment amount apart from the compounding fee, interests of justice would be met by directing continuance of power supply till the petitioner’s civil liability is finally determined by the Special Court. Accordingly, the Writ Petition is disposed of with the direction to the respondents to initiate appropriate steps for determination of civil liability of the petitioner by the Special Court under Section 154(5) of the Act and continue the power supply without raising further demand towards provisional assessment amount till such determination. As a sequel to disposal of the writ petition, interim order dated 02.05.2008 in W.P.M.P.No.13256 of 2008 is vacated and W.P.M.P.No.13256 of 2008 and W.V.M.P.No.3928 of 2008 are disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 24th August, 2010 GHN