IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 15968 of 2008 Between: Shaik Hameed S/o. Shaik Mahaboob House No. 13-5-576/B, Malimet, Hyderabad. ..... PETITIONER AND 1 The Central Power Distribution Company of A.P. Limited, Rep. by its Chairman & Managing Director, Singareni Bhavan, Lakdikapool, Hyderabad. 2 The Assistant Divisional Engineer Distribution-III, Central Power Distribution Company of A.P Limited, Seetharambagh, Hyderabad. 3 The Assistant Accounts Oficer, PRO-II, Central Power Distribution Company of A.P Limited, Sultan Bazar, Hyderabad. 4 Inspector of Police, APTS (Team-I) Vidyut Soudha, Khairatabad, Hyderabad. 5 The District Treasury Officer, Hyderabad District, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring i) inspection conducted by the officials of the officials of the 1st respondent on 20-5-2008 of the petitioner's service Connection bearing No. L6-000854 in Shop bearing No. 13-5-576/B, Malimet, Hyderabad as illegal, unauthorized being violative of Section 135(2) (3) & (4) of the Electricity Act 2003 and ii)Condition No. 10.4 of General Terms and Conditions of Supply of the 1st Respondent as highly illegal, arbitrary and irrational being contrary to Section 154(2) of the Electricity Act 2003 and iii) consequently set aside provisional assessment notice in letter No. ADE/O/S.Bagh/D-III/D.No. 245, dt. 26-5-2008 of the 2nd Respondent and pass such other order or orders. Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent Nos.1 to 5: MR.O.MANOHER REDDY The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 15968 of 2008 ORDER: The learned Standing Counsel for the Central Power Distribution Company of A.P. Limited, (for short ‘the C.P.D.C.L.”), Sri O.Manohar Reddy, concedes the factual position on instructions, that by the impugned provisional Assessment Notice dated 26.5.2008 issued by the 2nd respondent, the amount provisionally assessed, i.e., Rs. 1,93,939/- has been arrived at on the basis three times the normal tariff instead of two times, as permitted by Sections 126 and 154 of the Electricity Act, 2003 and that in view of this error, the 2nd respondent would withdraw this provisional Assessment Notice, seeking liberty to issue a fresh notice in accordance with law. In view of the submission, the cause in the writ petition does not survive. Recording the submission and directing the respondents not to take any coercive steps against the petitioner pursuant to the impugned provisional Assessment Notice dated 26.5.2008, the writ petition is disposed of. The respondents shall however be at liberty to issue a fresh provisional Assessment Notice. On any such fresh provisional Assessment Notice issued, it is axiomatic that the petitioner will have liberty to avail the remedies available in law thereagainst. The writ petition is disposed of as above at the stage of admission. No costs. ____________________ GODA RAGHURAM,J DATE: 28th July, 2008 pnb