Disposed

g. Ananda Kumar, v. The A.P. Eastern Power Distribution Company Ltd.

Telangana HC23 Nov 2010WP/2003/2006

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding a provisional assessment notice for energy pilferage. It directed the Electricity Board to refer the civil liability matter to a Special Court under Section 154(5) of the Electricity Act, 2003, and ordered that power supply not be disconnected during pendency.

What did the court decide?

Directed respondents to refer civil liability to Special Court under Section 154(5); directed power supply not to be disconnected pending such decision.

g. Ananda Kumar, Vs The A.P. Eastern Power… — Service and Employment | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE C.V.RAMULU

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W.P.NO.2003 OF 2006

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ORDER:

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Under the provisional assessment order, the petitioner was directed to pay an amount of Rs.2,07,787-50ps along with supervision charges and ED charges on the ground that at the time of inspection conducted on 2.11.2005, it was found the meter terminal cover seals in tampered condition i.e., seal bits are flattened and bulges are appeared along the sealing hole. After opening the TC it is observed that

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“R Phase incoming and out going terminal wires interchanged. Meter disc rotation found forward in Y & B phases and reverse in ‘R’ phase when tested with 2 KW heater. Thus consumer committing pilferage of energy.”

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While admitting the writ petition on 13-11-2007, an interim order was passed not to discontinue the power supply till appropriate final orders are passed in the final assessment proceedings in view of the fact that the petitioner had already deposited half of the amount.

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Now, learned counsel for the petitioner states that since the impugned notice is only a provisional assessment order, this being an allegation of pilferage, it is for the respondents to get the matter settled by the Special Court constituted for the purpose under Section 154(5) of the Electricity Act, 2003 ‘for short the Act’ and get the civil liability of the petitioner decided.

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Therefore, the writ petition is disposed of directing the respondents to get the civil liability decided by referring the matter

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to the Special Court constituted under Section 154 (5) of the Act. However, till disposal of such petition by the Special Court, the electricity supply to the petitioner shall not be disconnected. However, learned counsel for the respondents states that the petitioner has the liability to pay additional loading charges as fixed by the Department.

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In this regard, there cannot be any dispute. The respondents are at liberty to work out the remedies as available under law by way of issuing a notice etc.,

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_______________ C.V.RAMULU,J

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Note: Issue CC by one week. (B.O) rkk

g. Ananda Kumar, v. The A.P. Eastern Power Distribution Company Ltd.

Case brief

What is this about?

What did the court decide?

g. Ananda Kumar, v. The A.P. Eastern Power Distribution Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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