IN THE HIGH COURT OF ANDHRA PRADESH ^ k ^ft/i 5^ .W// APHC010276222014 'llni: AT AMARAVATI (Special Original Jurisdiction) 3 MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3097 OF 2014 Between: Mummana Petroleum Services, Pedagantyada (Dayal Nagar) Gajuwaka, Visakhapatnam rep. by its Managing Partner Sri M. Ramakrishna S/o M. Ramu, aged 45 years ...PETITIONER AND 1. The Eastern Power Distribution Company of A. P. Limited, Rep. by its Managing Director, Visakhapatnam 2. The Divisional Engineer(Operations), Eastern Power Distribution Company of A.P. Limited, Visakhapatnam Zone-ll, Visakhapatnam District 3. The Assistant Divisional Engineer (Operations), Eastern Power Distribution Company of A.P. Limited, Malkapuram, Visakhapatnam District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus to declaring the Provisional Assessment Notice rd issued by the 3 Respondent io Case No. DPE/DPEVIS/DPEVIS1/3503/13 ADE/O/MKP/F.Dkt/D.No. 1754/13 dated 25.01.2014 covered by Letter No. as illegal, arbitrary, unconstitutional and contrary to Section 126 of the Electricity Act, 2003 and violative of provisions of Article 14 of the Constitution of India and direct the r Respondents to restore power supply to Petitioner's Service Connection No. 1274 10201 Category LT2-Non-Domestic and Commercial of Dayal Nagar i; . Pedagantyada Rural Section, Gajuwaka, Visakhapatnam District in the interests of justice. in LA NO: 2 OF 2014fWPMP 3797 OF 20141 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 to restore the power supply to Service Connection No. 1274 10201 Category LT2-Non Domestic and Commercial of the Petitioner. LA NO: 1 OF 2014fWVMP 1443 OF 2014) Between: 1. The Eastern Power Distribution Company of A. P. Limited, Rep. by its Managing Director, Visakhapatnam 2. The Divisional Engineer(Operations), Eastern Power Distribution Company of A.P. Limited, Visakhapatnam Zone-ll, Visakhapatnam District 3. The Assistant Divisional Engineer (Operations), Eastern Power Distribution Company of A.P. Limited, Malkapuram, District Visakhapatnam ...PETITIONERS/RESPONDENTS AND Mummana Petroleum Services, Pedagantyada (Dayal Nagar) Gajuwaka, Visakhapatnam rep. by its Managing Partner Sri M. Ramu, aged 45 years Ramakrishna S/o M. ...RESPONDENT/PETITIONER 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 vacate the interim orders passed on 10-02-2014 in W.P.M.P.No.379 7 of 2014 in W.P.No.3097 of 2014. Counsel for the Petitioner: SRI P. RAJKUMAR Counsel for the Respondent Nos.1 to 3: SRI V. V. SATISH (SC FOR APEPDCL) The Court made the following order: 1 APHC010276222014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3097/2014 Between: 1.MUMMANA PETROLEUM SERVICES, PEDAGANTYADA (DAYAL NAGAR) GAJUWAKA, VISAKHAPATNAM REP. BY ITS MANAGING PARTNER SRI M. RAMAKRISHNA S/0 M. RAMU AGED 45 YEARS ...PETITIONER AND 1.THE EASTERN POWER DISTRIBUTION COMPANY OF A P LIMITED, REP. BY ITS MANAGING DIRECTOR VISAKHAPATNAM 2.THE DIVISIONAL ENGINEER OPERATIONS, EASTERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED VISAKHAPATNAM ZONE-II, VISAKHAPATNAM DISTRICT 3.THE ASSISTANT DIVISIONAL ENGINEER OPERATIONS EASTERN, POWER DISTRIBUTION COMPANY OF A.P. LIMITED MALKAPURAM, VISAKHAPATNAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.P RAJ KUMAR Counsel for the Respondent(S): 1 .V V SATISH (SC for APEPDCL) The Court made the following: 2 ORAL ORDFR- Heard Sri P. Rajkumar, learned Counsel Kothapalli Aishwarya Chowdhary, learned on behalf of Sri V.V. Sathish, learned Standing 2. The present Writ Petition is filed for the Writ Petitioner and Ms. appearing Junior Standing Counsel Counsel for APEPDCL. seeking following relief: Hon'ble Court in the mlerests of justice be pleased to issue an appropriate Sure S'wS, St" T" nature of Writ of Mandamus to declarina the DPE/DPEVIS/DPEVIS1/3503/13 No.ADE/O/MKP/F. Dkt/D 25.01.2014 No. covered by Letter No. 1754/13 contrarv fn ? arbitrary, unconstitutional contrary to Section 126 of the Electricity Act 2003 and violative of provisions of Article ^14 of the Constitution of India and direct the Respondents to restore power supply to Petitioner^ Se^ice Connection No.1274 10201 Category LllXn Domestic and Commercial of Dayal Naoar in Pedagantyada Rural Section, Gaiuwaka Visakhapatnam District in the interes s of iS ce and pass such other or further order or orders at eem fit and proper in the circumstances of the dated and are case. 3. V/de Interim Order dated 10.02.2014 was directed to be deposited 50% of the demanded amount as a pre-condition for operation of the stay of the impugned Order. The facts would indicate tampering of the electricity that in respect of the alleged meter by the Writ Petitioner Proceeding, which is the Provisional Assessment Notice Official Respondents to the Writ Petitioner on 28.01.2014, the Petitioner has the impugned was issued by the on 25.01.2014 (Ex.P.1). Thereafter, paid an amount of Rs.47,000/- for compounding the alleged offence, which Respondents. It is also submitted that i this Court dated 10.02.2014, provisional assessment amount. amount has been accepted by the in compliance with the Interim Order of the Petitioner has also paid 50% of the 3 4. In view of the fact that the Writ Petitioner has paid the amount of Rs.47,000/- for compounding the offence, it must be deemed that the Petitioner has agreed for having committed the alleged offence, for which the Official Respondents have accepted the compounding amount. 5. Learned Counsel for the Writ Petitioner would submit that since the impugned Order is only a provisional assessment, the Authorities are required to make the final assessment in view of the alleged offence committed by the Writ Petitioner, who has paid the compounding fee. 6. In this view of the matter, this Court deems it appropriate to dispose of this Writ Petition, without going into the merit, directing the Competent Authority to pass the Final Assessment Order in the light of the facts mentioned hereinabove. Since the Writ Petitioner has already paid half of the provisional assessment amount, needless to state that the Official Respondents are required to adjust the amount which is already paid by the Petitioner. The Writ Petitioner shall be liable to pay the balance amount to the Official Respondents with interest which shall be finally fixed by the Official Respondents in accordance with the rules in force. 7. The Official Respondents are directed to issue Final Assessment Proceeding by passing a Speaking Order in accordance with law within a period of six weeks from today and communicate a copy of such Speaking Order to the Writ Petitioner forthwith. Needless to state that the Official Respondents are statutorily obligated to adhere to the principles of Natural Justice during the Final Assessment Proceedings. 8. Writ Petitioner is directed to submit a copy of this Order to the Competent Authority within two weeks from today for effective compliance, these observations and directions, this Writ Petition stands disposed of. No order as to costs. 9. With 4 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- N NAGAMMA assistant registrar //TRUE COPY// To, SECTION OFFICER 1- The Eastern Power Rep.Visakhapatnam 2. The Divisional Engineer(Opera(ions), Eastern Company of A.P. Limited, Visakhapatnam Zone-ll District ° Ar WM, District 4. One CC to Sri P. 5. One CC to Sri V. V. 6. Two CD Copies. Distribution Company of A. p. Limited, Power Distribution Visakhapatnam Visakhapatnam Rajkumar, Advocate fOPUC] Satish (SC for APEPDCL) [OPUCJ ssb HIGH COURT DATED:18/08/2025 ORDER WP No. 3097 OF 2014 DISPOSING OF THE W.P. WITHOUT COSTS