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2007 Supreme(AP) 495

BILAL NAZKI, RAMESH RANGANATHAN, D.APPA RAO
Kovvuri Trinadha Reddy – Appellant
Versus
Eastern Power Distribution Corporation of A. P. Ltd – Respondent


Advocates Appeared:For the Petitioner:N. Siva Reddy, Advocate. For the Respondents:N. Subba Reddy, Advocate.

Judgment :-

Ramesh Ranganathan, J.

W.P.No.3211 of 2006 was filed seeking to have the provisional assessment notice dated 17.02.2006, issued by the Assistant Divisional Engineer, Electrical Operation of the Central Power Distribution Company of A.P. Ltd., declared as illegal, arbitrary, unjust and contrary to Section 126 of the Electricity Act, 2003. When the matter came up for admission on 17.3.2006 the learned Single Judge, while examining the question, whether the provisions of the Electricity Act, 2003 empowered the inspecting officer to disconnect power supply if a person was found indulging in unauthorized use of electricity, noticed an apparent conflict between two earlier Division Bench Judgments in Komarapu Chiranjeevulu Vs. Eastern Power Distribution Company of A.P. Ltd (Judgment in W.A.No.194 of 2004 dated 9.7.2004), and M/s Mallikarjuna Polishing Industries Vs. Chief Managing Director, Transmission Corporation of A.P. Ltd (Judgment in W.A.Nos.452 and 477 of 2004 dated 11.3.2004), While the Division Bench, in Komarapu Chiranjeevulu1, had held that, if the assessing officer on inspection finds that a person is indulging in unauthorized use of electricity, he cannot be a sil




























































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