IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 20176 of 2005 DATED: 21.1.2008 Between: G.Mahmood Basha petitioners And 1.. Divisional Engineer, Central Power Distribution company, Hyderabad and ors Respondents THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 20176 of 2005 Oral order: This writ petition is filed questioning the order dated 01.08.2005, passed by the 4th respondent, assessing the value of the energy pilfered, provisionally at Rs. 59,590/-, as illegal and arbitrary. The petitioner is owner of house bearing No. 10-6-1, Urvakonda and having electricity service connections bearing No. SC No. 2534 and SC No. 567. The said service connections were inspected on 27.7.2005 by the 4th respondent, namely the Assistant Divisional Engineer, and it was alleged to have been noticed by him that the petitioner was indulging in pilferage of energy in SC No. 567 by inserting “X” ray film. Accordingly, the Assistant Divisional Engineer, submitted his report, and based on the said report, a case was registered against the petitioner for pilferage of energy. Thereafter, the 4th respondent issued the impugned orders dated 01.08.2005 provisionally assessing the value of energy pilfered at Rs.59,590/-. Questioning the said assessment order, as being illegal and arbitrary, the petitioner filed the present writ petition. The learned counsel for the petitioner submitted that the petitioner has not committed pilferage of energy, and that the 4th respondent has not conducted the inspection as per the procedure contemplated under law, and basing on such inspection report, a false case of pilferage of energy was registered against the petitioner, and as such, the impugned orders passed by the 4th respondent, assessing the value of the energy pilfered provisionally at Rs.59,590/-, is illegal and arbitrary. He further submitted that as per the Memo issued by the Circle Inspector of Police, Vigilance, Anantapur, the petitioner has paid the compounding fee, and the offence was compounded. Heard the learned counsel for petitioner and learned Standing Counsel for respondent corporation and perused the material available on record. This is a case of pilferage of energy by the petitioner. In the counter filed by the respondents it is stated during the course of inspection by the 4th respondent he found that the petitioner by inserting “X-ray” film in the meter had obstructed the rotation of the disc, and thereby pilfered energy. Based on the said report, a criminal case was registered against the petitioner, which was later compromised by paying the compounding fee. Thereafter, the 4th respondent provisionally assessed the value of the energy pilfered at Rs. 59,590/- in terms of condition Nos. 39.7.4.1 and 29.7.4.2 by taking into consideration connecting load at the time of inspection in Kw x Diversion factor x Load factor x Number of working hours per day x Number of days in the month – Diversity factor 50% x Load Factor 40% x number of hours per day i.e 24 x number of days per month i.e. 30. This assessment having been done by the 4th respondent, I am of the considered opinion, no interference is called for therewith. If the petitioner is aggrieved by the provisional assessment order, he is at liberty to submit his objections thereto, and upon considering his objections, the 4th respondent shall pass final assessment orders, within a period of six weeks from the date of receipt of a copy of this order. With the observations as above, the writ petition is dismissed. No costs. ________________ N.V. RAMANA, J. Date:21.1.2008. TVK THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 20176 of 2005 DATED: 21.1.2008