THE HON’BLE Mr. JUSTICE GODA RAGHURAM MONDAY, THE 20th DAY OF FEBRUARY, 2006 W.P.No. 3124 of 2006 Between:- K. Lakshmi Devamma --Petitioner And Central Power Distribution Company of A.P. Ltd., (A.P. TRANSCO) having office at Singareni Bhavan, Hyderabad, rep., by its Chairman and Managing Director and two others. --Respondents THE HON’BLE MR. JUSTICE GODA RAGHURAM W.P.No. 3124 of 2006 Oral order:- Heard the learned counsel for the petitioner and the learned standing counsel for the respondents and at their request, the writ petition is disposed of at the stage of admission. The petitioner is a consumer of electricity distributed by the respondents-Corporation with Service Connection No.10656, D-3, Distribution Category-I, a domestic supply. By the impugned provisional assessment order dated 03-01-2006, the petitioner was informed that the consumption recorded by the meter is unduly low in relation to the connected load, the number of hours of use of electricity, the purpose for which the power is availed and related factors and therefore the supply has been disconnected on 26-12-2005, the value of the alleged energy pilfered arrived at Rs.35,724-00; and if the petitioner is desirous of obtaining restoration of supply, the petitioner should pay Rs.17,862-00 plus incidental charges as specified. A Division Bench of this court, by the judgment dated 11-03-2004 in W.A.No. 452 and 477 of 2004, has declared the law that a provisional assessment notice is in the nature of a show cause notice against which the consumer is entitled to have an opportunity of hearing and objection and as such, under or pursuant to such provisional notice/show cause notice, neither is a disconnection legitimate nor a demand to pay the whole or part of the provisionally assessed amount. Notwithstanding the declaration of law as above by a Division Bench of this Court to which the 1st respondent-Distribution Company was also a party, the respondents have chosen to disconnect the power supply to the petitioner even at the stage of a provisional assessment notice. This conduct of the respondents is not only illegal, but constitutes a volitional disregard of the law declared. For the aforesaid reasons, after hearing the learned counsel for the petitioner and the learned standing counsel for the respondents, the writ petition is allowed. The provisional assessment notice dated 03-01-2006 is invalidated to the extent of ordering disconnection of the power supply to the petitioner and calling upon her to pay the amounts specified in paragraph No.4 of the impugned order. The respondents are directed to forthwith restore the disconnected power supply to the petitioner free of any charge whatsoever. The provisional assessment notice shall be treated and deemed to be a show cause notice. The petitioner is at liberty to respond to the notice and put forth her objections or explanation, if any. On considering such objections/explanation, the respondents are at liberty to pass appropriate orders in accordance with law after recording reasons for the decision arrived at. As the respondents have negligently or without due application of mind to the law declared by this court in the judgment of the Division Bench of this court passed the impugned order, the writ petition is allowed with costs quantified at Rs. 2,500-00 (Rupees Two thousand five hundred only), of which Rs.1000-00 (Rupees One thousand only) shall be paid to the petitioner and Rs.1,500-00 (Rupees One thousand five hundred only) to the Secretary, Andhra Pradesh State Legal Services Authority, Hyderabad, within a period of two weeks from the date of receipt of a copy of this order. The 1st respondent-Corporation shall be at liberty to pursue appropriate proceedings for recovery of the amount of costs imposed herein from such officer or officers responsible for mulcting the 1st respondent-Corporation with these costs by negligent administrative conduct. __________________ GODA RAGHURAM, J Date: 20-02-2006 Pvks/*