APHC010077682008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 9271/2008 Between: 1. SATHI NAGI REDDY,E.G DIST, S/O.SUBBA REDDY, HINDU R/OP.KONKURURU(V) BICCAVOLU(M) E.G DIST ...PETITIONER AND 1. THE A P E P D C LTD E G DIST 2 OTHERS, VISAKHAPATNAM REP.BY ITS THE ASST.DIVISIONAL ENGINEER OPERATION SUB DIVISION ANAPATHI(PO) &(M) E.G DIST 2. THE SUPERITENDING ENGINEER OPERATION CIRCLE, APEPDCL VIDYUT SAKHA BHAVAN GODAVARI BUND ULLITHOTA STREET RAJAHMUNDRY(PO) & E,G DIST 3. THE CHAIRMAN MANAGING DIRECTOR, APEDCL CORPORATE OFFICE SEETHAMMA DHARA VISAKHAPATNAM ...RESPONDENT(S): 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 toto issue a writ,order or direction 2 NJS,J W.P.NO.9271 OF 2008 more particularly one in the nature of writ of Mandamus that (I) the provisions cotained at term No.10.2.3(a) &(b) of the Terms and canditions of power Supply of the respondents on demanding payment of 50% of the provisional assessment as a condition for restoration of power Supply (2) and payment of another balance of 50% of the provisional assessment in instatements before referring the matter of theft of electricity in the Special court with reference to sec 154(5) of the Electricity act 2003 as illegal unjust inconsistent and repugnant to the provisions os the Central act 2003 under Sec.154(5) and the same Term No.10.23 (a) and (b) is liable to be struck down as unconstitutional and to grant any such other or further reliefs IA NO: 1 OF 2008(WPMP 12250 OF 2008 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 issue an interim directions by directing the 1st respondent to restore power supply immediately to electrical service connections No.1342 of Konkuduru(V) Biccavolu(M) E.G Dist till the allegation of theft of electricity is finaly adjudicated by the Special court uder Sec 154(5) of the Electricity Act since extreme hardship is caused to the petitioner and to pass Counsel for the Petitioner: 1. P NARASIMHA RAO Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) The Court made the following: 3 NJS,J W.P.NO.9271 OF 2008 ORDER:- Heard Mrs.P.Vimala, learned counsel, representing Mr.P.Narasimha Rao, learned counsel for the petitioner. Also heard Ms.Aishwarya Chowdary, learned Junior Standing Counsel for A.P.E.P.D.C.L. 2. At the time of considering the matter, learned counsel on both sides stated that similar matters were disposed of vide W.P.No.16625 of 2006 and batch by an order dated 04.12.2014, and consented for disposal of the present writ petition on similar lines. 3. In the light of the submissions made, the writ petition is disposed of, with a direction to the respondents to refer the issue regarding the determination of civil liability/alleged loss sustained by the Distribution Company to the Special Court constituted under Section 154 (5) of the Electricity Act, 2003, within three months from the date of receipt of a copy of this order. If the petitioner has paid any amount pursuant to the provisional Assessment order, the same shall be subject to the decision of the Special Court. No costs. 4 NJS,J W.P.NO.9271 OF 2008 Interim orders granted if any, shall stand vacated. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA 02.03.2026 LSP