IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2356 of 2005 Between: S. Kanakamma, W/o. Narsimha Reddy, R/o. Tallapudi (V), Tallapudi (M), West Godavari District. ..... PETITIONER AND 1 Divisional Engineer (Assessment), Eastern Power Distribution Company of AP Ltd., Rajahmundry. 2 Assistant Divisional Engineer (Operation), Eastern Power Distribution Company of AP Ltd., Kovvur, West Godavari District. 3 Assistant Accounts Officer (ERO), Eastern Power Distribution Company of AP Ltd., Nidadavole, West Godavari District. 4 Station House Officer, APTS Police Station, APEPDCL, Eluru, West Godavari District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the provisional assessment notice ADE/KVU/D No. 154, Dt. 3- 2-2005 issued by the 2nd respondent is illegal, irregular, arbitrary and violative of principles of Natural justice and violative of Articles 14 and 21 of constitution of India and also the provisions of Electricity Act 2003 and consequently direct the respondents to restore power supply for the service connection NO. 1609, category 1 at Tallapudi distribution. Counsel for the Petitioner : Mr.SATYANARAYANA NIMMAGADDA Counsel for the Respondents: Mr. M.V.SUBBA RAO The Court at the admission stage made the following : ORDER: The petitioner was issued an order of provisional assessment, dated 21.02.2004 indicating that the inspection conducted on the service connection of the petitioner revealed that there was pilferage of power valued at Rs.1,28,167/-. The petitioner was required to pay half of the said amount being Rs.64,084/- to ensure continuance of power supply. Petitioner feels aggrieved by the same. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. The petitioner was served with an order of provisional assessment and further steps are required to be taken in accordance with Section 126 of the Electricity Act, 2003. The Section does not provide for payment of any amount covered by the order of provisional assessment. It is only after an order of final assessment is passed that the actual liability of the same would arise. In W.A.Nos.452 and 477 of 2004, a Division Bench of this Court through its order, dated 11.03.2004 held that a consumer can not be required to make any payment on the strength of an order of provisional assessment. Following the same, the writ petition is allowed and it is directed that the power supply to the petitioner shall be restored without insisting on payment of any amount on the strength of the order of provisional assessment. He shall be liable to pay the amount only after an order of final assessment is passed. It is further directed that the continuance of power supply to the petitioner shall be subject to payment of the consumption charges by the petitioner. There shall be no order as to costs. ___________ 11.02.2005 Note: Issue C.C. by 14.02.2005 (B/o) Jsu To 1 Divisional Engineer (Assessment), Eastern Power Distribution Company of AP Ltd., Rajahmundry. 2 Assistant Divisional Engineer (Operation), Eastern Power Distribution Company of AP Ltd., Kovvur, West Godavari District. 3 Assistant Accounts Officer (ERO), Eastern Power Distribution Company of AP Ltd., Nidadavole, West Godavari District. 4 Station House Officer, APTS Police Station, APEPDCL, Eluru, West Godavari District. 5 2 CD copies