THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.15881 of 2025

ORDER:

This Writ Petition is filed seeking a Writ of Mandamus, directing the respondents to reconsider or set aside the order passed by Respondent No.4 vide Letter No.ADE/OP/Medchal/D.No.566 dated 09.06.2025, regarding the provisional assessment notice for SC No.020204851 (UKSC No.110559065, Category LT III, Industry – High Value, Gundla Pochampally Section) for alleged electricity theft amounting to Rs.29,62,256/- and the consequential disconnection of electricity service of the said meter.

2. Heard Mr.M.Ratan Singh, learned counsel for petitioner, learned Government Pleader for Energy, for respondent No.1 and Sri N.Sreedhar Reddy, learned Standing Counsel for TGSPDCL, for respondent Nos.2 to 4. Perused the record.

3. Learned counsel for the petitioner submits that petitioner is the proprietor of Excel Polymers, operates a manufacturing unit at Plot No.76/B, Gundlapochampally Village, Medchal Mandal, Ranga Reddy District, under a rental agreement dated 3^rd February, 2021 and holds an electricity connection (Meter No.SC.No.0202 04851, LT- III Industry category). On 5^th June 2025, Respondent No.4 officials inspected the premises in petitioner’s absence, alleging electricity theft despite intact meter seals, and issued a provisional assessment of Rs.29,62,256/-, subsequently disconnecting the electricity on 9^th June 2025 and directing payment of 50% of the assessed amount. It is further stated that she was not given an opportunity to file objections as mandated under Section 126(3) of the Electricity Act, 2003, and that the assessment is arbitrary, fails to justify the alleged period of unauthorized usage, and is inconsistent with her normal monthly electricity consumption of Rs.80,000/- to Rs.90,000/-. Hence, this Writ Petition is filed seeking to quash the provisional assessment order and restore the electricity connection.

4. Learned Standing Counsel for TGSPDCL, for the respondents submits that the electricity connection in question (LT SC No.0202 04851, HT Cat. III-A) was released to M/s Excel Polymers, a cylinder manufacturing unit, while the petitioner, M/s Excel Engravers, is a completely different entity with no explanation of any connection to M/s Excel Polymers, making the petition liable to be dismissed. During an inspection on 5th June 2025, it was found that the Current Transformers (CTs) had been unauthorizedly replaced with higher capacity coils, resulting in recorded consumption being only 50% of the actual usage, which amounts to theft of electricity. Consequently, a provisional assessment of Rs.29,62,756/- was issued under Section 135 of the Electricity Act, 2003, and Clause

10.2 of the General Terms and Conditions of Supply, which deals specifically with theft, and not under Section 126, which applies only to unauthorized use. It is stated that petitioner has misunderstood this distinction, and the provisional assessment and disconnection were lawful. Furthermore, this Court, vide its interim order dated 12^th June 2025, directed restoration of power supply upon deposit of 50% of the assessed amount, which petitioner has already paid (Rs.14,81,303/-). The matter is now to be referred to the Special Court for determination of civil liability under Section 154(5) of the Act, leaving the writ petition without any merit.

5. Upon hearing both sides and perusing the record, it is evident that the impugned proceedings dated 09.06.2025 were issued pursuant to an inspection alleging replacement of CT coils and consequent under-recording of energy consumption, amounting to theft under Section 135 of the Electricity Act, 2003. Hence, the proceedings cannot be treated as a provisional assessment under Section 126. In view of the statutory mechanism under Section 154(5) of the Act for determination of civil liability by the Special Court, and as petitioner has already deposited 50% of the assessed amount pursuant to this Court’s interim order dated 12.06.