IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 11571 of 2003 Between: D.Venkateswarlu s/o D.Satyanarayana Chetty Rice and Oil Mill., Kanekal., Rayadurg, Ananthapur District. ..... PETITIONER AND 1 Assistant Divisional Engineer (Operation AP Transco.,Rayadurg., Anantapur Distric 2 Superintendent Engineer, Assessments APCPDCL., AP State Housing Corporation Building., Urdu Galli., Himayathnagar.,Hyderabad. 3 Chief Engineer., APCPDCL., Kurnool Zone., Kurnool. .....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 to issue a Writ of Certiorari calling for all the connected records including the impugned proceedings of the third respondent in CE/KNL/F.No.49-ATP/D.No.445/03 dated 8-5-2003 and quash the same as illegal, improper, unjust, arbitrary, without jurisdiction, and contrary to law. Counsel for the Petitioner:MR.K.G.KRISHNA MURTHY Counsel for the Respondent No.: MR.V.AJAY KUMAR (SC FOR AP TRANSCO) The Court made the following : ORDER: This writ petition has been filed by the petitioner seeking to call for the records relating to the impugned proceedings, dated 08-05-2003 and to quash the same on the ground of illegality and arbitrariness. The petitioner is alleged to have committed pilferage of energy. The test report disclosed that all meter seals were tampered and the concerned authority opined that there is pilferage of energy. On the basis of established principles, the provisional assessment was made for Rs.6,10,344/- and the final assessment order was passed reducing the said amount to Rs.3,46,102/-. The Appeal preferred to the Chief Engineer was also disposed of by confirming the finding of pilferage and reducing the amount to Rs.1,06,464/-. Being aggrieved by the same, the petitioner preferred the present writ petition. The learned counsel for the petitioner submitted that there is no material to show that the petitioner resorted to pilferage of energy and the mere tampering of seals is not sufficient to establish that the petitioner pilfered the energy. All the seals of the meter were tampered and pressed by some other means to give an impression as if the seals were intact. At the time of testing of the meter in the presence of the petitioner himself, the seals were found tampered and the wires were coming from the seals easily. There is no other explanation from the petitioner as to how and under what circumstances the seals were tampered. In the absence of such explanation, the only inference that has to be drawn is that the seals were tampered with a view to stop reading of the meter, which amounts to pilferage of energy. After going through the entire material, I am convinced that there is no illegality in the order passed by the respondent authorities. Hence, the writ petition is dismissed. No order as to costs. __________________ DR. G. YETHIRAJULU, J Date:27-02-2008 YCR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Divisional Engineer (Operation AP Transco.,) Rayadurg., Anantapur District. 2 The Superintendent Engineer, Assessments APCPDCL., AP State Housing Corporation Building., Urdu Galli., Himayathnagar.,Hyderabad. 3 The Chief Engineer., APCPDCL., Kurnool Zone., Kurnool. 4 2CCs to Mr. V. Ajay Kumar, SC for A.P. TRANSCO, High Court Buildings, Hyderabad. 5 2CD copies.