THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11614 of 2008 Dated 24th August, 2010 Between: Md. Mohamad. …Petitioner And The Assistant Divisional Engineer (Operation), Hyderabad, and others. …Respondents Counsel for the petitioner: None appeared Counsel for respondents: Sri O. Manohar Reddy, standing counsel for APEPDCL 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 the issue involved. This writ petition is filed assailing the provisional assessment made by respondent No.1, whereby a sum of Rs.99,038/- was assessed towards the value of the energy allegedly pilfered by the petitioner. This Court, by order dated 29.05.2008 in W.P.M.P.No.14982 of 2008, granted interim direction to the respondents to restore power supply to the petitioner’s service connection subject to payment of Rs.25,000/-. 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. However, as the amount demanded under the provisional assessment notice being Rs.99,038/-, it would be appropriate to direct the petitioner to pay another sum of Rs.25,000/- pending determination of his civil liability by the Special Court. Accordingly, the Writ Petition is disposed of in the following terms:- (i) Within a period of two months from today, the petitioner shall pay another sum of Rs.25,000/- (Rupees twenty five thousand only) towards the impugned demand; (ii) On receipt of the said amount, the respondents shall initiate appropriate steps for determination of petitioner’s civil liability by the Special Court under Section 154 (5) of the Act; and (iii) If the petitioner commits default in payment of the amount as directed in clause (i) supra, the power supply shall be discontinued pending determination of the civil liability. As a sequel to disposal of the writ petition, interim order dated 29.05.2008 in W.P.M.P.No.14982 of 2008 is vacated and W.P.M.P.No. 14982 of 2008 and W.V.M.P.No.2412 of 2008 are disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 24th August, 2010 GHN