The High Court · 2025
Case Details
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated 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-GAT-Vlll (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connections bearing USC No. 114794264 of Flat no. 2112 belonging to Petitioner no.1, and USC No. 11.4794272 of Flat no. 2113 belonging to Petitionerr no.2 of the residential complex known as Janapriya Homes Classic at Janaplya Metropolis situated at ward no.8, block no.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad, instead of L-T-CAT-l which is given to domestic units, as illegal, arbitrary, violative of tre provisions of the Electricity Act, 2003, violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of lndia and consequently direct the Respondents to change the service connections of the Petiticners electricity meters from LT CAT-VIll to LT CAT-|. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanr;es stated in the affidavit filed in support of the petition, the High Court may ber pteased to direct the Respondents to convert the power supply which is released to the Petitioners underthe USC No. 114794264 of Flat no.2112 belonging to Petitioner no.1, and USC No. 114.794272 of Flat no. 21 '13 belonging to Petitioner no.2 of the residential complex known as "Janapriya Homes Classic at Janapriya Metropolis" situated at ward no.B, block no.4, Fathenagar Village, fUoti (agar, Erragadda from LT CAT-VIll to LT C)AT-l and continue to supply the power under LT CAT-|. Counsel for the Petitioner : SRI T.SURYA SATISH Counsel for the Respondent No.1 : GP FOR ENERGY C o u n s e I f o r Res p o n d e n ts N o. 2to6 : € Rl - R E D DY, T;t$=r="T^ The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.834 oF 2025 ORDER: Heard Sri T. Surya Satish, learned counset 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 for TGSPDCL, appearing on behalf of respondent Nos.2 to 6.
2. The oetitioners aDDroa c hed the Court seeki q Draver as under: 6 " ...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-VIII (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connections bearing USC No. tt4794264 of Flat No. 2ll2 belonging to Petitioner No.1, and USC No. 114794272 of Flat No. 2113 belonging to Pqtitioner No.2 of the residential complex known as "Janapriya Homes Classic at lanapriya Metropolis" situated at 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 , 2 wt, 834 2025 of the provisions of the Electricity Act, 2003 violative r:f principles of natural justice and vio:ative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to change the service connections of the Petitioners' elect.ricity meters from LT CAT-VIII to LT CAT-I and to pass...".
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 W,ard No.8, Block No.4, Fathenagar Villager. Moti Nagar, ErragadCa, Hyderabad. The respondents rvere not releasing the (llectricity supply/connections to thel flatr; of the petitioners on the ground that occupancy certificate was not produced. Pursuant to the directions of this Court dated L6.04.2024 in !V.P. No. 9501 of 2024 filed by M/s. .lanapriya Engineers Syndicate Ltd., the respondent Company had issued Memo No. CG14 (Comml)SE (c)/DE(c)-2/ADE-lv/DNo.524/2024- 25, dated L8.Ol;.2024 and a bare perusal of the same indicates that electric supply shall be released to the petitioners subject premises under LT-CAT-VIII (Temporary Supply) until p'oduction of occupancy crertificate. It is the specific case of the petitioners that petitiorrers flats are domestic/residential units and therefore, the power supply has to be issued under 3 wP 834 2025 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 the provisions of the Electricity Act. Aggrieved by the said action of the respondents, the petitioners filed the present writ petition.
4. Sri N. Sreedhar Reddy, Iearned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.2 to 6 sutimits that the writ petition could be disposed of, directing the petitioners to put fotf/tn"i, grievance by way qt a detailed representation to the respondents herein and the respondents would eventually consider the same in accordance to law, within a reasonable period.
5. The learned counsel appearing on behalf of the petitioners does not dispute the said submission made by learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.2 to 6.
5. A bare perusal of the record indicates that the grievance of the petitioners to convert the power supply which is released to the petitioners to their residential premises titled ..Janapriya 4 \vP 834 2025 Metropolis" situated at Ward No.B, Block No.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad from LT CALVIII to LT CAT-I and continue to supply the power under LT C:AT-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. facts . and 7. Taking into consideration the circumstances of the case, the writ petition is aisposed ot directing the petitioners to put forth their grievance 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 shalt consider the said grievance of the petitioners pertaining to petitioners request seeking conversion of power supply to the petitioners from LT CAT-VIII to LT CAT-I and continue to supply the power under LT CAT-I 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 \,/P 834 2025 decision to the petitioners herein. However, there shafl 5 be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPYII SD/.MOHD.ISMAIL ASSISTANT REGISTRAR To, CTION OFFICER I 1 The Secretary, State of Telangana, Energy Department, Secretariat. Hyderabad 2 3 4
9. 10 The.Corp^orate OJfice, Southern Power Distribution Company of Tetangana - Limited, Central Secretariat, Khairtabad, Hyderabad, Teiang'ana {OOOii The Superintending Engineer, DPE/ TGSPDCL, Mint compound, Hyderabad The Divisional Engineer, DPE/Banjara hills, GTS Colony, Erragadda. Hyderabad The Assistant Divisional Engineer, DPE/Banjara Hills, Hyderabad The Assistant Engineer, OPRt/AEi Erragadda, Hyderabad One CC to SRI T.SURYA SAT|SH, Advocate. tOpUCl Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT] One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL. tOpUCl Two CD Copies. ' { BSK LS HIGH COURT DATED:2910112025 ORDER WP.No.834 of 2025 -I irE S,.. 7' o I 11 iiAli 20fi \'I .i * tc."t - , -.., ': I.) ..t o o
1. t DISPOSING OF THE WRIT PETITION WITHOUT COSTS $