LAWS(APH)-2016-10-37

PAVAN KUMAR CHIRIPAL Vs. TRANSMISSION CORPORATION OF A.P. LIMITED REP. BY ITS CHIEF MANAGING DIRECTOR, (AP TRANSCO), HYDERABAD AND OTHERS

Decided On October 20, 2016
Pavan Kumar Chiripal Appellant
V/S
Transmission Corporation Of A.P. Limited Respondents

JUDGEMENT

(1.) In these batch of writ petitions, the proceeding of the Divisional Engineer, directing the petitioners-consumers to pay different amounts, for misuse of electrical energy supplied to them, are questioned as without jurisdiction, and as arbitrary and illegal.

(2.) The learned Single Judge, by his order in W.P. No.24938 of 2001 dated 10-10-2007, referred the question:

(3.) Earlier, by the order in W.P. No.13660 of 2002 dated 18.07.2007, the learned Single Judge had held that power was conferred, with regards fixation of civil liability for theft of energy, only on the Special Court which was hitherto the Special Tribunal; and the Superintending Engineer lacked jurisdiction to pass the order, impugned in those writ petitions, fixing the civil liability on the consumers for theft of energy.