THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.1341 of 2005 ORDER: It appears, initially the petitioner was granted Service Connection No.23481, for the purpose of cultivation of his lands at Pathatungapadu village, Sampathnagaram, Rajahmundry, and thereafter, he started poultry farm in his agricultural land. According to the petitioner, he started poultry farm from 22.08.2003 and has been using generator for supply of power to his poultry farm. While that being so, the 3rd respondent inspected the subject premises and found that the petitioner has been utilizing his agricultural service connection to his poultry farm since six months preceding the date of inspection and, thereupon, issued provisional assessment notice dated 15.11.2003, estimating the value of energy misused by the petitioner at Rs.14,070/- and directing the petitioner to pay half of the said amount within 15 days from the date of receipt of the notice, if the petitioner is desirous of continuity of supply pending enquiry. The petitioner contends that pursuant to the said assessment notice, he paid an amount of Rs.7,035/- on 27.11.2003 as directed by the 3rd respondent, and thereafter, on 01.12.2003, he was served with show cause notice by the 2nd respondent as to why an estimated amount of Rs.35,077/- should not be recovered from him, for the alleged misused load, and asked him to submit his written objections within 30 days from the date of receipt of the notice. The grievance of the petitioner is that though he submitted his explanation to the show cause notice dated 01.12.2003, the 2nd respondent, without considering his explanation, passed the final orders dated 28.01.2004 confirming the assessment made in the show cause notice. Aggrieved thereby, the petitioner filed an appeal before the 1st respondent and the same was dismissed on 19.11.2004, confirming the final orders dated 28.01.2004 passed by the 2nd respondent. The grievance of the petitioner is that only on the date of inspection, he used his agricultural service connection to his poultry farm, as his generator was under repair on that day, but the 3rd respondent issued provisional assessment notice alleging that he has been using agricultural service connection to his poultry farm since six months preceding the date of inspection, and thereafter, the 2nd and 3rd respondents, without considering the fact that the poultry farm was commenced on 22.08.2003, assessed the alleged loss for a period of one year preceding the date of inspection. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents. In the facts and circumstances of the case, without expressing any opinion on merits, the 3rd respondent-Assistant Divisional Engineer, Operation (Rural), Rajahmundry, East Godavari District, is directed to re-consider the plea of the petitioner, as to presumption of his utilizing the agricultural service connection to poultry farm for six months prior to the date of inspection as indicated in the provisional assessment notice dated 15.11.2003, and pass appropriate orders as per law. Till such time, status quo obtaining as on today shall be maintained. Accordingly, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 09.12.2010 v v