APHC010702732016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE 11th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18131/2016 Between: 1. D NOOR AHMED, S/O LATE NONR AHMED AGED ABOUT 60 YEARS, OCC: BUSINESS R/O. PALUKURU VILLAGE, BANAGANAPALLE MANDAL KURNOOL DISTRICT ...PETITIONER AND 1. STATE OF AP PRL SCY ENERGY HYD 2, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS SECRETARIAT, HYDERABAD REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH, LTD., (APSPDCL), D.NO:19-13-65/A, SRINIVASAPURAM TIRUCHANNOR ROAD, TIRUPATI - 517503 CHITTOOR DISTRICT, ANDHRA PRADESH REP. BY ITS MANAGING DIRECTOR 3. ASSITANT DIVISIONAL ENGINEER, BANAGANAPALLI, KURNOOL ...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 of Mandamus" or any other appropriate writ, order or direction declaring the impugned provisional assessment notice for theft of electricity issued by the 3rd respondent, Lr.No. Lr ADE/0/BNPL/SA/F.N0/15.D.NO. 1101/15 dt. 19.02.2016 in Case.No.DPE/DHN /BNGP/3491/16, as illegal, arbitrary, unconstitutional and without jurisdiction and contrary to law and set aside the same IA NO: 1 OF 2016(WPMP 22272 OF 2016 2 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 suspend the operation of the impugned provisional assessment notice for theft of electricity issued by the 3rd respondent, Lr.No. Lr ADE/0/BNPL/SA/F.N0/15.D.NO. 1101/15 dt. 19.02.2016 in Case.No.DPE/DHN /BNGP/3491/16, and direct the respondents to reinstall the distribution transformer and supply electricity to the Petitioner's business pending disposal of the Writ Petition Counsel for the Petitioner: 1. K RAVI MAHENDER Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR ENERGY (AP) 3. V R REDDY KOVVURI(SC FOR APSPDCL) 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.18131 OF 2016 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following direction: “to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the impugned provisional assessment notice for theft of electricity issued by the 3rd respondent Lr No Lr ADE/0/BNPL/SA/F N0/15 D NO 1101/15 dt 19 02 2016 in Case No DPE/DHN /BNGP/3491/16 as illegal arbitrary unconstitutional and without jurisdiction and contrary to law and set aside the same” 2. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 3. The petitioner has filed the present Writ petition challenging the impugned provisional assessment notice, dated 19.02.2016, issued by the 3rd respondent. It is stated that the petitioner did not submit any objections to the said provisional assessment notice, as contemplated under Section 126(3) of the Electricity Act, 2003, since the pilferage/electricity theft was committed by the petitioner. On 13.06.2016, this Court passed an interim order directing the petitioner to deposit 1/3rd of the amount demanded under the said provisional assessment notice and further directed to the respondents to restore the power supply to the petitioner. 4. On the other hand, learned Standing Counsel for the respondents has placed on record the Written Instructions submitted by the Superintending Engineer, Operation Circle, A.P.S.P.D.C Limited, Nandyal, wherein, it is stated that the petitioner paid the 1/3rd of the amount demanded on 19.02.2016, in 4 compliance with the interim order, dated 13.06.2016 and accordingly, the power supply of the petitioner was restored. 5. During the pendency of the Writ Petition, the petitioner has paid the remaining amount due to the respondents. In view of the payment of the entire amount due, as per terms of the demand notice, no cause survive for further adjudication in the present writ petition. 6. Accordingly, writ petition is closed. No costs. 7. Consequently, miscellaneous applications pending if any, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 11.09.2026 BSM 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.18131 OF 2016 Date: 11.09.2026 W BSM