IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9519 of 2002 Between: Durga Bhavani Turning Works, Rep. by its Proprietor G.Sambasiva Rao, S/o. Sriramulu, Near Anjaneyalu Swamy Temple, Autonagar, Vijayawada - 7, R/o. Vijayawada. ..... PETITIONER AND 1 The Superintendenting Engineer, Assessment, Tirupathi, Chittoor District. 2 The Assistant Divisional Engineer, Operation APSPDCL, Patamata, Vijayawada. 3 The Assistant Divisional Engineer, DPE - 1, Vijayawada. .....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 directions particularly one in the nature of Writ of Certiorari or any other order or direction calling for the records relating into proceedings No. Lr.No. ADE/O/PTA/UDC/M.P./F3 D.No.582/02, dt. 1-5-2002 of the 2nd Respondent by quashing the same and directing the respondents not to insist the payment of an amount of Rs.65,242/- as per the Lr.No. ADE/O/PTA/UDC/M.P./F3 D.No.582/02, dt. 1-5-2002 of the 2nd Respondent by giving continuous supply electricity to S.C.No.9790/10685 Category -III of the petitioner and pass such other order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: Sri E.SESHAGIRI RAO Counsel for the Respondents: MR.S.RAVINDRANATH The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9519 of 2002 ORDER: The petitioner is availing power supply under category – III for his industry, M/s.Durga Bhavani Turning Works, Autonagar. It’s service connection, S.C.No.9790/10685, was inspected by the third respondent on 20.04.2002 at 8.25 hours. It was found that the petitioner committed malpractice in consuming electricity by extending supply of energy unauthorizedly to the neighbouring premises. The second respondent, therefore, provisionally assessed the value of the energy misused at Rs.1,30,484/-, disconnected the power supply and informed the petitioner to pay an amount of Rs.65,242/- for availing power connection. It was also informed that enquiry will be made into the matter by the ﬁrst respondent. Aggrieved by the same, the present writ petition is filed. It cannot be disputed that the impugned order is only provisional assessment order for malpractice committed by the petitioner by supply of power unauthorizedly to neighbourer. After passing the provisional assessment order, the petitioner is entitled to show cause notice by the ﬁnal assessment authority. Even before such show cause notice is issued, the petitioner rushed to this Court and ﬁled the writ petition. For this reason alone, the writ petition is not maintainable. This Court while admitting the writ petition passed interim orders on condition of the petitioner depositing an amount of Rs.32,000/-. It is not known whether the petitioner complied with the condition or not. Be that as it is, now that a ﬁnal assessment order is not passed, the ﬁrst respondent may issue a show cause notice and pass ﬁnal assessment order as per the General Conditions of Supply of Andhra Pradesh Southern Power Distribution Company Limited. If the petitioner is regular in paying current consumption charges as billed, till the matter is finalized coercive steps may be stopped. The Writ Petition is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) 04.09.2008 vs To 1 The Superintendenting Engineer, Assessment, Tirupathi, Chittoor District. 2 The Assistant Divisional Engineer, Operation APSPDCL, Patamata, Vijayawada. 3 The Assistant Divisional Engineer, DPE - 1, Vijayawada. 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{KRD}