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2025 DIGILAW 61 (TS)

Mohammed IlyasUddin v. State of Telangana

2025-02-20

SUREPALLI NANDA

body2025
ORDER : Surepalli Nanda, J. Heard Ms.Chinthala Pallavi, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of the respondent No.1 and Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondent Nos.2 to 4. 2. The petitioner approached the Court seeking prayer as under: “…….to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus directing the Respondent Officials to dispose of the Representation dt 10.02.2025 issued to the 4 th Respondent pending the same not to take any coercive steps including the disconnection of power supply against the Petitioners service connection No. A3002537 without following due process of law and pass….” 3. It is specific case of the petitioner that the petitioner is the absolute owner and possessor of H.No. 10-5-29/1 & 10-5- 29/2, admeasuring 587.54 Sq.Yards situated at Masab Tank. The petitioner herein is a consumer of electricity Service Connection No.A3002537 under category LT II (B)- Non Domestic/Commercial above 50 Units/Month at Masab Tank and is business of Befresh Mart on the Ground Floor. On 05- 02-2025, the petitioner received a provisional assessment notice for theft of electricity for service connection No. A3002537 from the 4 th Respondent herein vide letter No. Lr.No.Lr. ADE/Op/MP/D-27/CC/D.No.2265/24, dated 30-01- 2025 under section 135 of the Electricity Act, 2003, directing the petitioner to pay an amount of Rs.2,07,128/-. It is further the case of the petitioner that in the said notice, it is stated that, there was an inspection on 28-10-2024 at 12:40 hours by K.Naga Sekhar, ADE SD-I, DPE, Hyderabad Central and the alleged tampered meter was taken by the department on 08-07-2024 itself and hence, the question of inspection on 28-10-2024 does not arise and said notice is issued by the respondents is only for the purpose of falsely implicating the petitioner in a theft of electricity. Aggrieved by the same, the petitioner herein submitted a representation dated 10-02-2025 to the 4 th respondent, requesting to withdraw the provisional assessment notice dt. 30-01-2025 contending that petitioner is ready and willing to pay the compounding fee as demanded by the department "under protest." Accordingly, the petitioner had even paid compounding fee on 18-02-2025. However, the respondents had not initiated any action on the representation of the petitioner dated 10.02.2025 till as on date. 30-01-2025 contending that petitioner is ready and willing to pay the compounding fee as demanded by the department "under protest." Accordingly, the petitioner had even paid compounding fee on 18-02-2025. However, the respondents had not initiated any action on the representation of the petitioner dated 10.02.2025 till as on date. Aggrieved by the said inaction of the respondents in considering petitioner’s representation dated 10.02.2025 addressed to the 4 th respondent, the present writ petition is filed. 4. The relevant portion of the impugned provisional assessment notice Lr.No.Lr.ADE/ Op/ MP/ D- 27/ CC/ D.No.2265/ 24, dated 30.01.2025 issued by the 4 th respondent herein to the petitioner is extracted hereunder:- 3. Nature of Offence reported These taken in conjunction with the above- mentioned factors indicate prima-facie that you are dishonestly abstracting/ consuming/ using electricity and you are guilty of Theft of Electricity under Section 135 of the Electricity Act, 2003. 4. Hence your service connection was disconnected on : 30-01-2025 5. Recovery of Loss of Revenue Pending determination of the civil liability by the appropriate court u/ s 154(5) of the Electricity Act, 2003 the Electricity charges due to the Company have been provisionally assessed at Rs. 207128.0, based on the Assessment Rules contained in Appendix XI I and the provisions of clause 10 of the General Terms and Conditions of Supply approved by the AP Electricity Regulatory Commission. The calculation sheets for the same are enclosed for your reference. 6. Future Course of Action If you wish to obtain a reconnection, you may pay 50% of the assessed amount of Rs.103564.0 + Supervision charges including GST of Rs.100 + Reconnection charges of Rs. 75 to the AAO/ERO- RETHIBOWLI(designated officer for payment of assessed amount), for restoration of supply and pay the balance 50% amount in two installments. In addition to and simultaneously with these assessment proceedings for recovery of electricity charges under Section 135 of the Act in accordance with clause 10 of the GTCS, the concerned Designated Officer of the Company will initiate proceedings against you for me amount paid by you pursuant to this provisional assessment will be adjusted against the civil liability to be determined by the Appropriate Court as provided u/s 154(6) of the Act. A Criminal case on account of theft of energy has been registered against you in the Vigilance & APTS Team-II, APTS Police Station. A Criminal case on account of theft of energy has been registered against you in the Vigilance & APTS Team-II, APTS Police Station. You may approach SHO, Vigilance & APTS Team-II, 1 st Floor, A-block, Corporate Office, Hyderabad for paying the compounding fees Rs.32000.0 for closure of criminal case as first offence as per Section154 of IE Act. Category Connected Load Applicable Com pounding Amount ( RS) LT II(B)-Non Domestic/Commercial Above 50 Units/Month 7420 32000.0 5. Learned counsel appearing on behalf of the petitioner submits that the petitioner made a detailed representation dated 10.02.2025 addressed to the 4 th respondent herein ,and requested the 4 th respondent herein to drop the proceedings initiated against the petitioner vide impugned provisional assessment notice dated 30.01.2025 contending that the petitioner did not indulge in any theft of electricity as alleged by the 4 th respondent against the petitioner vide the impugned provisional assessment notice, dated 30.01.2025 and hence, petitioner’s representation, dated 10.02.2025 addressed to the 4 th respondent needs to be considered. Learned counsel appearing on behalf of the petitioner further submits that though the impugned provisional assessment notice, dated 30.01.2025 indicates that the subject service connection had been disconnected on 30.01.2025 there had been no disconnection of the subject electricity service connection bearing No.A3002537 (UKSCNO- 101408169) till as on date and the interest of the petitioner may be protected till the petitioner deposits the 50% of the amount as indicated in the impugned provisional assessment dated 30.01.2025 issued by the 4 th respondent to the petitioner herein. 6. 6. Learned standing counsel appearing on behalf of the respondent Nos.2 to 4 contended that the impugned provisional assessment notice, dated 30.01.2025 on perusal very clearly indicates that vide the impugned provisional assessment notice, dated 30.01.2025 of the 4 th respondent herein, the petitioner is called upon to deposit an amount of Rs.2,07,128/- based on the Assessment Rules contained in Appendix XII and the provisions of clause 10 of the General Terms and Conditions of Supply approved by the AP Electricity Regulatory Commission, in view of the fact that the electricity charges due to the company had been provisionally assessed at Rs.2,07,128/- pending determination of the civil liability by the appropriate Court under Section 154(5) of the Electricity Act, 2003 and therefore, the petitioner is bound to pay 50% of the amount as indicated in the impugned notice, dated 30.01.2025 of the 4 th respondent herein issued to the petitioner for initiation of appropriate action by the respondent No.4 under Section 154(5) of the Electricity Act,2003 and therefore, at this stage the relief as prayed for by the petitioner cannot be granted. 7. Section 154(5) of the Electricity Act,2003 is extracted hereunder:- (5) The Special Court shall determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of civil court. 8. Taking into consideration: a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondent Nos. 2 to 4. c) The contents of the notice Lr.No.Lr.ADE/ Op/ MP/ D- 27/ CC/ D.No.2265/ 24, dated 30.01.2025 issued by the 4 th respondent to the petitioner (referred to and extracted above). d) Section 154(5) of the Electricity Act, 2003 (referred to and extracted above). The Writ Petition is disposed of observing as under:- i) The respondents are directed not to disconnect the subject electricity service connection of the petitioner bearing SC.No.A3002537 (UKSCNO- 101408169), if not already disconnected as on date. d) Section 154(5) of the Electricity Act, 2003 (referred to and extracted above). The Writ Petition is disposed of observing as under:- i) The respondents are directed not to disconnect the subject electricity service connection of the petitioner bearing SC.No.A3002537 (UKSCNO- 101408169), if not already disconnected as on date. ii) The petitioner is directed to deposit 50% of the amount as indicated in the impugned provisional assessment notice, dated 30.01.2025 issued to the petitioner by the 4 th respondent, within a period of four (04) weeks from the date of receipt of copy of the order. iii) Upon the petitioner depositing 50% of the amount as indicated in the impugned provisional assessment notice, dated 30.01.2025 issued to the petitioner by the 4 th respondent within a period of four (04) weeks from the date of receipt of copy of the order, the respondents are directed to refer the subject issue as mandated under Section 154(5) of the Electricity Act, 2003 within four (04) weeks thereafter to the competent Special Court under Section 154(5) of the Electricity Act, 2003 for passing of appropriate orders by the Special Court. iv) The respondents are directed not to initiate any coercive steps against the petitioner in pursuance to the impugned provisional assessment notice, dated 30.01.2025 issued to the petitioner by the 4 th respondent till the civil liability by the appropriate Court under Section 154(5) of the Electricity Act, 2003 is determined by passing of appropriate orders by the Special Court. 9. With these above observations, the Writ Petition is disposed of. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.