The Electricity Act mandates due process before taking coercive measures for service disconnection and assessment of theft, protecting consumer rights.

ORDER :

Surepalli Nanda, J.

Heard Ms.Chinthala Pallavi, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of the respondent No.1 and Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondent Nos.2 to 4.

2. The petitioner approached the Court seeking prayer as under:

“…….to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus directing the Respondent Officials to dispose of the Representation dt 10.02.2025 issued to the 4^th Respondent pending the same not to take any coercive steps including the disconnection of power supply against the Petitioners service connection No. A3002537 without following due process of law and pass….”

3. It is specific case of the petitioner that the petitioner is the absolute owner and possessor of H.No. 10-5-29/1 & 10-5- 29/2, admeasuring 587.54 Sq.Yards situated at Masab Tank. The petitioner herein is a consumer of electricity Service Connection No.A3002537 under category LT II (B)- Non Domestic/Commercial above 50 Units/Month at Masab Tank and is business of Befresh Mart on the Ground Floor. On 05- 02-2025, the petitioner received a provisional assessment notice for theft of electricity for service connection No. A3002537 from the 4^th Respondent herein vide letter No. Lr.No.Lr. ADE/Op/MP/D-27/CC/D.No.2265/24, dated 30-01- 2025 under section 135 of the ELECTRICITY ACT , 2003, directing the petitioner to pay an amount of Rs.2,07,128/-. It is further the case of the petitioner that in the said notice, it is stated that, there was an inspection on 28-10-2024 at 12:40 hours by K.Naga Sekhar, ADE SD-I, DPE, Hyderabad Central and the alleged tampered meter was taken by the department on 08-07-2024 itself and hence, the question of inspection on 28-10-2024 does not arise and said notice is issued by the respondents is only for the purpose of falsely implicating the petitioner in a theft of electricity.

Aggrieved by the same, the petitioner herein submitted a representation dated 10-02-2025 to the 4^th respondent, requesting to withdraw the provisional assessment notice dt. 30-01-2025 contending that petitioner is ready and willing to pay the compounding fee as demanded by the department "under protest." Accordingly, the petitioner had even paid compounding fee on 18-02-2025. However, the respondents had not initiated any action on the representation of the petitioner dated 10.02.2025 till as on date. Aggrieved by the said inaction of the respondents in considering petitioner’s representation dated 10.02.2025 addressed to the 4^th respondent, the present writ petition is filed.

4. The relevant portion of the impugned provisional assessment notice Lr.No.Lr.ADE/ Op/ MP/ D- 27/ CC/ D.No.2265/ 24, dated 30.01.2025 issued by the 4th respondent herein to the petitioner is extracted hereunder:-

3. Nature of Offence reported These taken in conjunction with the above- mentioned factors indicate prima-facie that you are dishonestly abstracting/ consuming/ using electricity and you are guilty of Theft of Electricity under Section 135 of the ELECTRICITY ACT , 2003.

4. Hence your service connection was disconnected on : 30-01-2025

5. Recovery of Loss of Revenue Pending determination of the civil liability by the appropriate court u/ s 154(5) of the ELECTRICITY ACT , 2003 the Electricity charges due to the Company have been provisionally assessed at Rs. 207128.0, based on the Assessment Rules contained in Appendix XI I and the provisions of clause 10 of the General Terms and Conditions of Supply approved by the AP Electricity Regulatory Commission. The calculation sheets for the same are enclosed for your reference.

6. Future Course of Action If you wish t