APHC010653772015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 10th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14207 OF 2015 Between: 1. Sri Siva Kameshwari Rice Mill,, Rep. by its Proprietor, S.Vigneshwar Rao, S/o. Namahsivaya, Aged about 48 years, Occ: Business, R/o. D.No.1-341, Venkatehwara Colony, Near Police Station, Tekkali, Srikakulam District A.P - 532 201. ...Petitioner AND 1. Eastern Power Distribution Company Andhra Pradesh Limited, Visakhapatnam, Rep., by its Chief Managing Director. 2. Eastern Power Distribution Company Andhra Pradesh, Limited, Visakhapatnam Rep., by its Superintendent Engineer (Operations) Srikakulam 3. Eastern Power Distribution Company Andhra Pradesh, Limited, Visakhapatnam Rep., by its Divisional Electrical Engineer (Operations) Tekkali, Srikakulam District. 4. Assistant Divisional Engineer Operations, A.P. Eastern Power Distribution Company Ltd. Tekkali, Srikakulam District. 5. The Assistant Engineer Operations, A.P. Eastern Power Distribution Company Ltd. Tekkali, Srikakulam District. 2 6. The Assistant Accounts Officer, A.P. Eastern Power Distribution Company Ltd. Tekkali, Srikakulam 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 toto issue a writ of Mandamus or any oother appropraite writ or direction declaring the proceedings of the 4th respondent issued in Lr.No.ADE/0/TKL/F.No./D.No.426/15, dt.24.3.2015, as illegal, arbitrary and contrary to the general terms and conditions of supply IA NO: 1 OF 2015(WPMP 18612 OF 2015 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 4th respondent not to take coercive steps with regard to disconnection of power supply to the petitioner premises by suspending the proceedings of the 4th respondent issued in Lr.No.ADE/0/TKL/F.No./D.No.426/15, dt.24.3.2015, pending disposal of the WP IA NO: 5 OF 2015(WPMP 100413 OF 2015 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 IA NO: 1 OF 2016(WVMP 1960 OF 2016 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 dated 07-05-2016 in WP No. 14207 of 2015 and dismiss the writ petition with costs an pass Counsel for the Petitioner: K BHEEMA RAO Counsel for the Respondents: V V SATISH (SC for APEPDCL) The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14207 OF 2015 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 4th respondent issued in Lr.No.ADE/0/TKL/F.No./ D.No.426/15, dated 24.03.2015, as illegal, arbitrary and contrary to the General Terms and Conditions of Supply and pass such other order or orders….” 2. Heard the learned counsel for the petitioner and Ms.Kothapalli Aishwarya Chowdary, learned Junior Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that respondent No.4 issued a demand notice dated 24.03.2015 demanding an amount of Rs.3,22,657/- by alleging that the petitioner was caused for the theft or pilferage of the electricity for the period from 19.12.2013 to 04.02.2015, approximately fourteen months. The said demand was arrived by respondent No.4 by calculating fourteen months average rather than three months average prior to date of inspection is contrary to law. Admittedly the inspection was conducted on 04.02.2015. Therefore, the average consumption of the petitioner should be taken three months prior to the date of inspection. He further submits that as per Clause 10.3.3 of General Terms and Conditions of Supply, in the absence of specific period of theft/pilferage, the respondents are entitled to determine the liability to the extent of average of consumption charges of 4 twelve months prior period from the date of inspection only. If that is so, the demand should be calculated from March, 2014 only. He further submits that the alleged pilferage or theft was not caused due to human intervention, it was caused by the rats as such an act to be determined as an act of God. Therefore, the petitioner cannot be punished for the said act. 4. On the other hand, learned Junior Standing counsel for the respondents filed counter-affidavit, wherein it is stated as follows: “It is submitted that the Assistant Divisional Engineer, H.T.Meters is authorized Officer to test the HTTVR meter with Test Kit and observed that the Y & B phase wires from TTB to meter got cut by the Rats and same was rectified on 19-02-2015. Based on the report from MRI Dump Test Kit (which is highly sophisticated equipment). The Assistant Divisional Engineer, Operation, Tekkali issued Short Billing Notice to the Consumer for an amount of Rs.3,22,657l-(Rupees Three lakhs twenty two thousand six hundred and fifty seven only). The above said notice was issued based on test results of the test kit which gives 100% accurate results. Hence the statement of petitioner is not at all correct and baseless allegation. It is submitted that the Provisional Assessment notice was prepared from 19-12-2013 to 04-02 2015 for a period of 1 year and 2 months only, but not 3 years. Hence the consumer allegation is purely incorrect. The service was existing in the Tekkali Head Quarter and connected to Tekkali Town 2 feeder feeding from Tekkali 33/11 KV Sub Station. Hence the consumer Allegation of Rural feeder is not correct. 8 & 9) The Asst. Divisional Engineer, Operation, Tekkali is authorized Officer to issue Provisional Assessment Order and Notice issued 5 videLtr.NoADE/O/TKL/F.No./D.No.426/15 Dt. 24-03-2015 is correct.” 5. She further submits that the respondents are able to ascertain the period for which the subject pilferage was happened, even though the pilferage was happened due to the non-intervention of the human being. It is further stated that the respondents after expiry of specific period of pilferage and basing upon the average consumption of the petitioner only, the present demand was raised in accordance with the provisions of the Electricity Act, 2003 as well as clauses of General Terms and Conditions of Supply. Hence, the impugned order is not liable for any intervention of this Court. It is further submitted that pursuant to the interim order of this Court, the petitioner paid 1/4th of the total demanded amount and still the petitioner is liable to pay the rest of the amount. 6. In reply, learned counsel for the petitioner requested this Court that if the petitioner is granted installments, the same can be paid as directed without there being any disconnection or coercive steps against the petitioner. For which the learned Standing Counsel not refuted and expressed her readiness for granting so. 7. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the petitioner to pay the rest of the balance amount as determined in three equal monthly installments along with its regular CC bills continuously. Further, the 6 respondents are directed to receive the same along with the CC charges and if the petitioner complied with the orders of this Court, the respondents are directed not to take any coercive steps against the petitioner. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:10.08.2026 TPS 7 102 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14207 OF 2015 Date:10.08.2026 TPS