IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 14968 of 2002 Between: 1 Ayaz Ahmed S/o Late Shaik Mohammed D.No. 8-2-270, Road No. 3, Banjara Hills, Hyderabad. 2 Sanjay Bajaj S/o Ram Nivas Bajaj Flat No. 602, Anitha Avenue Dharam Karan Road, Ameerpet, Hyderabad. 3 Zahed Quadri S/o Major S.G.M.Quadri Balaji Enclave Transport Road, Karkhana, Secunderabad. 4 Ravi Johari S/o S.Johari D.No. 8-2-270, Road No. 3, Banjara Hills, Hyderabad. 5 Dr. Raj Prakash S/o Late K.Prakash Flat # 203, Phase II, Sumithra Apartments, Indian Airlines Colony, Trimulgherry, Secunderabad. 6 Saritha Reddy D/o Chandra Reddy R/o Tarnaka, Secunderabad. 7 Nooruddin A. Chakara S/o Late Abid Ali Chakara H.No.46/B, R.T.C. Colony Trimulgherry, Secunderabad. 8 Saqafath Ali Khan S/o Late Sadath Jah Plot No. 805, Road No. 36, Jubilee Hills, Hyderabad. 9 Samarjith Reddy S/o Late P.Harinath Reddy H.No. 5-9-22/35, Adarsh Nagar, Hyderabad. ..... PETITIONERS AND 1 A.P. Central Power Distribution Company Ltd., Operation, South Circle, Hyderabad. 2 Assistant Divisional Engineer (Elect) Operation : DXIII, City IV, APCPDCL, Road No.1, Banjara Hills, Hyderabad. 3 Divisional Engineer Assessment APCPDCL Himayath Nagar, Hyderabad. 4 Superintending Engineer (Operation) Hyderabad North, Banjara Hills, Hyderabad. 5 Asst. Accounts Officer ERO, XI, Banjara Hills Hyderabad. ….RESPONDENTS Counsel for the Petitioner:SRI JAVED RAZACK Counsel for the Respondents: SRI ANIL KUMAR FOR SRI O.MANOHAR REDDY The Court made the following : O R D E R: This writ petition is filed for a writ of Mandamus to declare the action of the respondents in disconnecting power supply to Service Connection Nos. A5010620 of ground floor, A5010617 of 1st floor; A5010618 of 2nd floor; 15010619 of 3rd floor and 8208293 of the pent house of the building bearing M.No.8-2-270, SMD Mall, Road No.3, Banjara Hills, Hyderabad, in pursuance of letter dated 10-07-2002 as illegal and arbitrary. Heard Sri Javed Razack, learned counsel for the petitioners, and the learned counsel representing the learned Standing Counsel for the respondents. On the basis of an inspection made on 08-07-2002, respondent No.2 issued the impugned demand towards provisionally estimated value of the energy allegedly pilfered by the petitioner at Rs.5,29,630/- . This Court, by order dated 19-08-2002, directed the respondents to restore the power supply. It is admitted that for all these seven years, the power supply is being continued. A counter-affidavit is filed by respondent No.2, wherein he sought to justify the demand made towards provisional assessment. At the hearing, the learned counsel for the petitioners urged that while admittedly no traces of pilferage could be detected on 06-07- 2002 and 07-07-2002, for the first time the respondents have pointed out that some wire was found hanging out of the bus bar. He submitted that the petitioners have not indulged in acts of pilferage and are not liable for payment of any part of the provisionally assessed amount. The learned counsel representing the learned Standing Counsel for the respondents, however, submitted that under the terms and conditions, the petitioners are liable to pay the provisional assessment amount. I have carefully considered the respective submissions of the learned counsel for the parties. Though the learned counsel for the petitioners submitted that the petitioners have not indulged in pilferage of electricity, as the final assessment proceedings are pending, I am not inclined to delve into this contentious issue and render a finding thereon. As the power supply to the petitioners’ service connections was restored in the year 2002 itself, and nearly seven years have elapsed, I am of the view that the interests of justice would be met if the respondents are directed to pass final assessment order in a time-bound manner. For the above mentioned reasons, the writ petition is disposed of with the direction to the respondents to pass a final assessment order, after holding due enquiry and giving the petitioners an opportunity of hearing as per the procedure contemplated in the terms and conditions of the respondents. Till passing of the final assessment order, the power supply to the petitioners’ service connections shall be continued, subject to the petitioners paying the regular C.C charges. C.V.NAGARJUNA REDDY, J Dated 24th February, 2009 vrn