Disposed
Dr.K.Dayakar v. Andhra Pradesh Northern Power Distribution Co. Ltd.
Telangana HCWP/30107/2010
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I I I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K. SARATH
WRIT PETITION NO: 30107 OF 2010
Between:
Dr.K.Dayakar, S/o K.V.Maltaih Medical Practioner, R/o5-6-297, Hyderabad road, saraswathi Nagar, Nizmabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus. to declare that the compounding of the offences under sec. 135 &138 of Electricity Act 2003 vide FIR No.542'l12010 without considering the plea of payment of compounding fee under protest and also the non initiation of the proceedings vide LT.No ADEIOPITINZBIF. Doc.No.284 D.No.338 dt. 0B-92010 issued by the Asst Divisional Engineer, Operation / Town/NZB, before the specialjudge under sec.'l 54(5) of Electricity Act 2003 for determination of Civil liability, though contemplated in the act and also is mentioned in the provisional
Assessment Notice. ar.ounts to being illegal, against the Electricity Act 2003, clause of G.T.C.S, u rrconstitutional and violative of principle of naturaljustice and consequently dirett the respondent No.5 to reopen the FIR No.5421/2010 for conducting trial and rrlso the respondents be directed to initiate proceedings through its designated officer before specialjudge under sec.154(5) of Electricity Act. 2003 for determination of civil Liability.
l.A. NO: 1 OF 20100/VF''MP. NO: 38345 OF 2010)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to insist the petitioner to pay remaining 50% of alleged assessed amount vid,: Lr No.ADE/OP/T/NZB/F.Doc No.284 D.No.338 dt.08-92010 issued by Asst Divisional Engineer, Operation/Town/NZB pending the proceedings for deternrination of civil Liability under Sec 154 (5) of Electricity Act 2003 before specialjudge.
Counsel for the Petitiorrer : SRI G.ANANDAM
Counsel forthe Respondents: ZAKIR ALI DANISH,
STANDING COUNSEL FOR RESPONDENTS
The Court made the following: ORDER
I I I I
THE HONOUI{AI]LE SRI IUSTICE K.SARATH
WRIT PETITION No. 30L07 of 2010
ORDER:
Petitioner is aggrievc.cl by the notice dated 08.09.2010 informing him of the provisional assessment amount levied on petitioner on the allegation of theft of energy, subject to determination of civil liabilitv uncler Section 154 of the Electricity Act, 2003 (Act, 2003), arld the criminal liability under Section 135 of the Act, 2003. The amount quantified is Rs.1,11,084/-.
2
of the Act, 2003. Reconnectionand continuoussupplyof
eleclricity depr:nds oncomplianceof all other requ irements'
:l Accordingly, withthe above direction, the !/rit Petition is
disposed of '!o orderas to costs.
4 Miscellaneous applications,pending if any, shall stand
ciosed.
SD/.P.PADMANABHA REDDY ASSrsrANrlEGr\r[A: ' //rRUE coPY// L't[q \'t
SECTION OFFICER
To,
HIGH COURT
DATED:051112112022
ORDER
W.P.No.30107'of 2010
J HE STA rg
[ 7 JAii ?i,:]
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DISPOSING ()F THE WRIT PETITION
WITHOUT COSTS
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Dr. K. Dayakar
Andhra Pradesh Northern Power Distribution Co. Ltd.
K. SARATH
As recorded by the court registry
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