APHC010062082019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 529/2019 Between:

1. T HE EASTERN POWER DISTRIBUTION COMPANY OF A.P.

LIMITED, , REPRESENTED BY THE ASSISTANT DIVISIONAL ENGINEER, OPERATION/RURAL/KAKINADA.

...APPELLANT AND

1. K ARNASULA SATYANARAYANAMMA, W/o Seetharamanjaneyulu, Sc.No.1451460205001202 of Gurajanapalli Village ,Karapa Mandal ...RESPONDENT Appeal Under Section_____against orderspleased to allow the appeal and set aside the order dated 26.09.2018 in OS.SR.No.1168 of 2018 on the file of the Special Court under Indian Electricity Act 2003 cum 1St Additional District Judge, East Godavari, at Rajamahendravaram and pass IA NO: 1 OF 2019 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 pleased to condone the delay 249 days in representation of the CMASR.No.

4375of 2019 in OSSR.No.1168 of 2018 and to pass IA NO: 2 OF 2019 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 condone the delay of 28 days in filing the appeal against the order dated

26.09.2018 in O.S.SR.No. 1168 of 2018 on the file of the Special Court Under Indian Electricity Act 2003 cum 1st Additional District Judge, East Godavari at Rajamahendravaram and pass Counsel for the Appellant:

1. V V SATISH (SC for APEPDCL)

Counsel for the Respondent:

1. N SIVA REDDY The Court made the following:

J U D G M E N T:

The appellant filed the present Civil Miscellaneous Appeal, aggrieved by the order dated 26.09.2018 passed in O.S.SR.No.1168 of 2018 on the file of the Special Court under the Indian Electricity Act 2003-cum-I Additional District Judge, East Godavari at Rajamahendravaram.

2. Brief facts of the case are that the respondent is a consumer of electricity under Service connection No.1451460205001202 falling under „Category-LT3(A)(I) Industrial Normal of Gurajanapally Village, Karapa Section. On 22.08.2015, an inspection was conducted by A.E./D.P.E.-1/RJY in respect of the aforesaid service connection of the respondent. During the inspection, the inspecting officer noticed that about 10 meters length of wires were directly connected from the Distribution Transformer LT HG fuse set to the meter outgoing fuse carriers, thereby bypassing the energy meter and preventing the energy consumed from being recorded in the meter. Thus, the inspecting officer prima facie concluded that the respondent had dishonestly indulged in theft of energy by meddling with the meter and preventing the recording of the consumption of electricity utilized by him. The inspecting officer prepared inspection notes by recording his findings and the particulars of the total connected load during the course of inspection and served a copy of the said inspection notes on the representative of the respondent.

3. Thereupon, the inspecting officer prepared an inspection report dated 22.08.2015 and made an assessment of the loss sustained by APEPDC Limited, including supervision charges and reconnection charges, in a sum of Rs.9,68,930.40/-. The same was communicated to the applicant for taking further action for recovery of the value of the energy pilfered. By virtue of the powers vested in him under the General Terms and Conditions of supply, he demanded payment of Rs.9,68,930.40/- towards the value of the energy pilfered under a provisional assessment notice dated 26.08.2015, providing an option to the respondent to pay 50% of the assessed amount plus reconnection charges and supervision charges if the respondent was desirous of restoration of supply, and to pay balance 50% amount in installments pending final determination of civil liability under Section 154(5) of the Electricity Act read with the Gene