High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances state'J in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents in giving the service connection under LT-CAT-Vlll (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connections bearing USC No. 114794255 of Flat no. 24208 and 2421A belonging to Petitioner no.1. UISC No. 114794350 of Flat no.24228 belonging to Petitioner no.2, USC No. 11479t427O of Flat no.24218 & 2422A belonging to Petitioner no.3, USC No. 114794|\52 of Flat no. 2509 belonging to Petitioner no.4, and USC No. 114794331 of Flal no. 25'10 belonging to Petitioner no.5 of the residential complex known as Janapri,Ta llomes Classic at Janapriya Metropolis situated at ward no.B, block no.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad instead of LT- CAT-l which is given to domestic units, as illegal, arbitrary, violative of the provisions of the Eler;tricity Act, 2003, violative of principles of natural justice and violative of Article:; 1,1 and 21 of the constitution of lndia and consequenfly direct the Respondents to <;hange the service connections of the Petitioners electricity meters from LT Cl\Tr/lllto LT CAT-|. lA NO: 1 OF 2025 Petition under liection 151 CPC praying that in the circumstances stated in the affidavit filed ir, support of the petition, the High Court may be pleased to direct the Respondents to cf,nvert the power supply which is released to the petitioners under the USC l.lo. 114794255 of Flat no. 24208 and 24214 belonging to Petitioner no.1, UISC No. '1 14794350 of Flat no. 24228 belonging to petitioner no.2, USC No. 114794270 of Flat no.24218 and 24224 belonging to petitioner no.3, USC No.11479,+352 of Flat no. 2509 belonging to petitioner no.4, and USC No. 114794331 of Flat no.2510 belonging to petitioner no.5 of the residential complex known as "Jzrnapriya Homes classic at Janapriya Metropolis" situated at ward no.8, block no.4, Fathenagar Village, Moti Nagar, Erragadda from LT CAT- Vlll to LT CAT-I and continue to supply the power under LT CAT-|. Counsel for the Petitioners: SRI T. SURYA SATISH Counsel for the Respondent No.1: AGP FOR ENERGY Counsel forthe Respondent Nos.2 to 6: SRI N. SREEDHAR REDDy, SC FOR TGSPDCL The Court made the following: ORDER I l HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.648 OF 2025 ORDE& Heard Sri T.Surya Satish, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1 and Sri N,Sreedhar Reddy, learned Standing Counsel, appearing on behalf of respondent Nos.2 to 6. 2 titioners aoproached the Court seeki nq praver as under: " ...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in giving the service connec:ion under LT-CAT-VIII (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connec[ions bearing USC No.114794255 of Flat No. 24208 & 24214 belonging to Petitioner No.1, IJSC No.114794350 of Flat No.24228 belonging to Petitioner No.2, l.JS(. No.114794270 of Flat No.24218 & 2422A belonging to Petitioner No.3, USC No.114794352 of Flat No.2509 belonging to Petitioner No.4, and I.JSC No.114792t331 of FIat No.2510 belonging to Petitioner No.5 01' the residential complex known as "Janapriya Homes Classic at lanapriya Metropolis" situated at *. ur, ,t#l ' Ward No.B, block No.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad, instead of LT- CAT-I which is given to domestic units, as illegal, arbitrary, violative of the provisions of the Electricity Act, 2003, violative of the principles of natural justice and violative of Articles L4 & 21 of the.Constitution of India and consequently direct the Respondents to change the service connections of the petitioners electricity meters from LT CAT-VIII to LT CAT-I and to pass such other order(s) as are deemed fit and proper in the interest ofjustice, equity and good conscience."

3. The case of the petitioners in brief is that the petitioners are owners of different flats in the same residential complex known as "Janapriya Homes Classic at Janapriya Metropolis" situated at Ward No.B, Block No.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad. The respondents were not releasing the electricity su p plylcon n ections to the flats of the petitioners on the ground that occupancy certificate was not produced. Pursuant to the directions of this Court dated

16.04.2024 in W.P. No. 9501 of 2024 filed by M/s. Janapriya Engineers Syndicate Ltd., the respondent Company had issued Memo No. CGM (Comml)SE (c)/DE(c)-z/ ADE-IV/DNo.s24/2024- 25, dated 18.O5.2024 and a bare perusal of the same indicates that electric supply shall be released to the petitioners subject ./ J SN, J wP 64lt 2025 flats are SupPlY) until It is the sPecific case of the prem ises under LT-CAT-VIII (TemPorarY prod uction of occupancy certificate' domestic/residential petitioners tha: Petitioners has to be issued under and therefore' the Power domestic/residential categorY only but cannot be either under commercial or construction category' and the releasing of power supply under category VIII which is of very high tariff to the residential units is illegal' arbitrary apart from being violative of suPPlY the Provisions of the resPond oftheElectricityAct.Aggrievedbythesaidaction ents, the petitioners filed the present writ petition ' 4. Sri N. Sreedhar Reddy' learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos'2 to 6 submits of, directing the that the writ petition could be disposed way of a detailed petitioners to put forth their grievance by representation to the resPond would eventuallY consider the ents herein and the resPondents same in accordance to law' within a reasonable Pr:riod '

5. The lerarned counsel appearing on behalf of the petitioners does not dispurte the said submission made by learned Standing on behalf of resPondent Nos'2 Counsel for TGSPDCL' appearing to 6. 4 SN, J wP 648 2025

6. A bare perusal of the record indicates that the gnevance of the petitioners to convert the power supply which is released to the petitioners to their residential premises tifled "Janapriya Metropolis,, situated at Ward No.g, Block No.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad from LT CAT-VIII to LT CAT-I and continue to supply the power under LT CAT-I had not been communicated to the respondents till date by way of representation and hence this Court opines that there has been no inaction on the part of the respondents in considering the grievance of the petitioners as alleged by the petitioners. Ta king into consideration the 7 . facts and circumstances of the case, the writ petition is disposed of directing the petitioners to put forth their graevance by way of representation to the respondent Nos.2 to 5 within a period of one (1) week, from the date of receipt of a copy of this order and upon the respondents receiving the said representation from the petitioners, the respondents shall consider the said grievance of the petitioners pertaining to petitioners request seeking conversion of ) SN, J wP 648 2025 to LT CAT-I supPlY to the Petitioners from LT CAT-VIII CAT-I and continue to supply the power under LT to the petitioners herein within a period of two (2) weeks thereafter and pass appropriate orders in accordance to law' on the said representation and duly communicate the decision to the petitioners herein' However, there shall be no order as to costs' As a sequel, the miscellaneous petitions' if any' pending in the Writ Petition shall also stand closed' ,/TRUE COPY// S D/- A. SRINIV ASSISTANTI ASA REDDY REGISTRAR SEdil ON OFFTCER To, ifrl{;E':uu,EftH+l[,,+ffil+F"*'ffi:*ffi*" :: Im$t*ruAlttr+*r u TJ GJP HIGH COURT DATED:0810112025 ORDER WP.No.648 of 2025 iQ*' t{g Sr AIg ( q o 01 ?11?5 C 0E';r,4r6. r,(-(l DISPOSING OF THE WRIT PETITION WITHOUT COSTS \#