HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.2281 of 2011 Date : 2-12-2011 Between: C. Raju s/o. Bhumaiah .. Petitioner And The Northern Power Distribution Company of Andhra Pradesh Limited, represented by its Chairman & Managing Director, Warangal and others .. Respondents Counsel for petitioner : Sri B. Kiran Kumar Counsel for respondents : Sri S.V. Ramana for Sri O. Manohar Reddy The Court made the following: ORDER: Assailing the provisional assessment notice dated 2-9-2010 whereby a sum of Rs.59,632/- is provisionally assessed towards value of the electricity allegedly pilfered by the petitioner, this Writ Petition is filed. The petitioner paid 50% of the provisional assessment amount before ﬁling this Writ Petition. As the balance amount is demanded, he has ﬁled the present Writ Petition. I have heard Sri B. Kiran Kumar, learned counsel for the petitioner and Sri S.V. Ramana, learned counsel representing Sri O.Manohar Reddy, the learned Standing Counsel for the respondents. Under Section 154(5) of the Electricity Act, 2003, the Special Court shall determine the civil liability of a consumer in case of pilferage or theft of energy. Therefore, the respondents are directed to move the Special Court for adjudication of the petitioner’s civil liability. Inasmuch as the petitioner has admittedly paid 50% of the provisional assessment amount along with compounding fee of Rs.7000/-, interests of justice would be met if the respondents do not demand the balance amount till the petitioner’s civil liability is adjudicated by the Special Court. In this view of the matter, the Writ Petition is disposed of with the direction to the respondents to move the Special Court for adjudication of the petitioner’s civil liability. The power supply to the petitioner’s service connection shall not be disconnected for non-payment of the balance half of the provisional assessment amount till adjudication of the dispute by the Special Court. As a sequel, WPMP No.2826/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 2-12-2011 AM