Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 2784 (AP)

P. GOPAL REDDY v. TRANSMISSION CORPORATION OF AP., LTD., & 5 OTHERS

WP/24837/2006 · 2025-01-27

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010007942006 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 24837 of 2006 Bench Sr.No:-19 [3483] P. Gopal Reddy ...Petitioner Vs. Transmission Corporation of A.P. and others ...Respondents ********** Advocate for petitioner : Sri Tirumalasetti Kiran, learned counsel representing Sri D. V. Nagarjuna Babu. Advocate for respondents : Ms. Kothapalli Aishwarya Chowdary, learned counsel representing Sri V. V. Satish, learned Standing Counsel for A.P.E.P.D.C.L. CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 27th January 2025 P C : Learned counsel for the parties are ad idem that the issue raised in the present writ petition is squarely covered by a Division Bench judgment of this Court passed in W.P.Nos.18093 of 2003, 24938 of 2001 & 18460, 23252 and 23900 of 2007 according to which, it is stated that the authorities, who had imposed the liability on the petitioner as in the present case, have no jurisdiction to value the loss of energy or determine the civil liability of the consumers on the allegation of pilferage or defect in meters and that such cases ought to have been transferred and dealt with by a Special Tribunal 2 constituted under Section 49-C(1) of the Indian Electricity (Andhra Pradesh Amendment) Act, 2000. 2. Be that as it may, the present petition is disposed of on the same terms as held in the aforementioned judgment and order dated 20.10.2016. 3. We, accordingly, allow the petition setting aside the orders impugned passed by respondent Nos.4 and 3 dated 23.03.2001 and 12.10.2006 respectively and direct the official respondents to forthwith transfer the case to the Special Court constituted under Section 153(1) of the Indian Electricity Act, 2003 (Act 36 of 2003) for determination of the civil liability of the petitioner on the allegation of theft of electricity. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ RAVI CHEEMALAPATI, J AMD 3 147 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24837 of 2006 Dt : 27.01.2025 AMD