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2020 DIGILAW 658 (TS)

D. Manik Reddy v. State Of Telangana

2020-09-01

K.LAKSHMAN

body2020
JUDGMENT K Lakshman, J. - This Writ Petition is filed to declare the action of the 5th respondent in disconnecting the service connection bearing No.0502 03052 in survey No.138, situated in Ameenpur village, Patancheru Mandal, Sangareddy District, as arbitrary and illegal. 2. Heard Sri N. Manohar, learned counsel for the petitioner, learned Government Pleader for Energy, appearing for the 1st respondent and Sri R. Vinod Reddy, learned standing counsel for the respondents 2 to 5. 3. Sri N. Manohar, learned counsel for the petitioner would submit that the petitioner is the beneficiary and he is claiming the subject property under a Gift Deed. Pursuant to the proceedings dated 05.06.2015 issued by the 4th respondent, 50% of the assessed amount i.e. Rs.6,70,605/- and also an amount of Rs.67,000/- towards compounding fee has been paid. The said fact is not disputed by Sri R. Vinod Reddy, learned standing counsel for respondents 2 to 5. 4. Vide order, dated 17.08.2020, this Court by recording the submission of the learned counsel for the petitioner that 50% of the assessed amount and also the compounding fee has been paid in the year 2015 itself, directed the respondent authorities to restore the power supply to the petitioner's premises. In compliance of the said order, the power supply has been restored, which is confirmed by Sri R. Vinod Reddy, learned counsel for the respondents. 5. In the counter affidavit filed by the 4th respondent, it is specifically mentioned that the service connection bearing SC No. 0502 03052, category LT-II (B) - Non Domestic/Commercial located in Sy.No.138 of Ameenpur Village, Patancheru Mandal, Sangareddy District, in the name of the petitioner's father P. Ananth Reddy, was inspected on 05.06.2015. It was found that the petitioner has tapped over head lines deliberately and intentionally committed theft of energy. A provisional notice dated 05.06.2015 was issued for theft of energy under Section 135 of the Electricity Act and the revenue loss was assessed at Rs.13,41,211/- and Sri Ananth Reddy was directed to pay 50% of the assessed amount i.e. Rs.6,70,605/- and also compounding charges of Rs.67,000/-. 6. A provisional notice dated 05.06.2015 was issued for theft of energy under Section 135 of the Electricity Act and the revenue loss was assessed at Rs.13,41,211/- and Sri Ananth Reddy was directed to pay 50% of the assessed amount i.e. Rs.6,70,605/- and also compounding charges of Rs.67,000/-. 6. In view of the above stated facts and also recording the submissions made by the learned counsel for the petitioner as well as the learned standing counsel for the respondents that 50% of the assessed amount i.e. Rs.6,70,605/- and the compounding fee of Rs.67,000/- has been paid and the power supply to the petitioner's premises has been restored pursuant to the order dated 17.08.2020, this Writ Petition is disposed of directing the respondents not to take any coercive steps including disconnection of power supply to the petitioner's service connection No.0502 03052 till a decision is taken and orders passed by the Special Court under Section 154 (5) of the Electricity Act on condition that the petitioner shall pay regular C.C. charges. Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs.