Disposed

Konda Ramakrishna, v. Andhra Pradesh Eastern Power Distribution Company Ltd.

Telangana HC9 Dec 2014WP/9161/2006

Case brief

AI extract

What is this about?

Upon finding that the petitioner's case of energy pilferage constituted theft requiring referral to a Special Court under the Electricity Act, 2003, the court directed the respondents to refer the matter for determination of civil liability and forbade disconnection of power supply pending that decision.

What did the court decide?

Respondents directed to refer the matter to the Special Court under Section 154 of the Electricity Act, 2003 within three months; power supply not to be disconnected if charges are regularly paid.

Konda Ramakrishna, Vs Andhra Pradesh Eastern Power… — Consumer Protection | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO

¶2

WRIT PETITION No. 9161 of 2006

¶3

ORDER:

¶4

Heard learned counsel for the petitioner. None appeared for the respondents.

¶5

2. The petitioner is having electricity Service Connection No.882, Category-II. The service was inspected by the Assistant Divisional Engineer on 12.08.2003 and booked a case of pilferage of energy. It was noticed that the petitioner was pilfering energy by bypassing the meter. The loss was provisionally estimated at Rs.61,213/- plus other charges totaling to Rs.72,232/-. The notice was issued to the petitioner on 10.09.2003 asking him to pay the amount of Rs.72,232/which was provisionally assessed and the petitioner was given opportunity to submit his explanation. The petitioner did not raise any objection and the notice of provisional assessment was confirmed and by final order dated 28.10.2003 the same was communicated to the petitioner. The petitioner preferred an appeal to the first respondent who confirmed the same by order dated 06.11.2014. Challenging the same, the present writ petition is filed.

¶6

3. The respondents filed counter admitting the above facts and justified their action.

¶7

4. From a perusal of the appellate order, it is clear that the service connection of the petitioner was inspected on 12.08.2003 and a case of pilferage of energy was booked. A notice was served on the petitioner on 23.08.2003 followed by a show cause notice on 10.09.2003. The petitioner has not filed objection. A final order was passed on 28.10.2003 assessing the loss of energy as Rs.72,232/-. When the petitioner preferred an appeal before the first respondent, the first respondent confirmed the same. Though it is called as pilferage of energy, it is theft of energy and, in the circumstances, the respondents have to refer the case to the Special Court constituted under Section

¶8

154 of the Electricity Act, 2003. It is represented by the learned counsel for the petitioner that the petitioner has already paid 50% of the amount. In the circumstances, the respondents are directed to refer the matter to the Special Court constituted under Section 154 of the Electricity Act, 2003, for determination of civil liability, within a period of three months from the date of receipt of a copy of this order. Till such determination, if the petitioner regularly pays the electricity consumption charges, the power supply to the Service Connection to the petitioner, shall not be disconnected.

¶9

6. Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition, shall

¶10

stand closed.

¶11

_______________________________ A. RAMALINGESWARA RAO, J

¶12

09^th December, 2014 KSM

Konda Ramakrishna, v. Andhra Pradesh Eastern Power Distribution Company Ltd.

Case brief

What is this about?

What did the court decide?

Konda Ramakrishna, v. Andhra Pradesh Eastern Power Distribution Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Malineni Lakshmaiah Womens Engineering College Vs Government of Andhra Pradesh Rep.by its

Khasim Memorail College of Education, Podili, Vs The Acharya Nagarjuna University, rep. by its Registrar

V.Ravinder Reddy, Vs The Government of Andhra Pradesh

M.Phanender Vs The Deputy Director of Mines and Geology

A. Anil Kumar Vs Central Power Distribution Company of A.P. Ltd.

Smt.Thokala Jyothi, Vs The Superintendent of Police