High Court · 2025

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ' order or direction more particurarry one in the nature of writ of mandamus decraring the action of the Respondents in giving the service connection under LT_CAT_VIll (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connectionsbearingUSCNo.114T94269ofFlatno.220gbelongingtoPetitioner no.1, USC No, 114794309 of Flat no 2211 belonging to Petitioner no 2' USC No 114754322of Flat no. 2212 belooging to Petitioner no 3' and USC No 114754349 ofFlatno.22l3belongingtoPetitionerno'4oftheresidentialcomplexknownas Janapriya Homes Classic at Janapriya Metropolis situated at ward no 8' block no.4, Fathenagar Village, tvloti Nagar, Erragadda, Hyderabad' instead of LT-CAT-I whichisgiventodomestiCunits,asillegal,arbitrary,violativeoftheprovisionsof theElectricityAct,2O03,violativeofprinciplesofnaturaljusticeandviolativeof Articlesl4and2loftheConstitutionoflndiaandconsequentlydirectthe Respondents to change the service connections of the Petitioners electricity meters from LT CAT-Vlll to LT CAT-I' IANO:1 OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtodirect theRespondentstoconvertthepowersupplywhichisreleasedtothePetitioners under the USC No. 114794269of Flat no. 2209 belonging to Petitioner no.1, USC No.1'14794309ofF|atno.221'lbelongingtoPetitionerno2'USCNo'114794322 ofFlatno.2212belongingtoPetitionerno3,andUSCNoll4TS4349ofFlatno' 22l3belongingtoPetitionerno.4oftheresidentialiomp|exknownasJanapriya 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-I' Counsel for the Petitioners: SRI T.SURYA SATISH Counsel for the Respondent No.1: AGP FOR ENERGY C"r"t"ffortheRespondentNos.2TO6:SRIN'SREEDHARREDDY'SCFOR TGSPDCL The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRI T PETITIONNo.499 0F 202s ORDER: Heard Sri T. Surya Satish, learned counsel appearing on behalf of the petitioners, learned Assistant Government pteader for Social Welfare appearing on behalf of respondent No.l and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSpDCL, appearing on behalf of respondent Nos.2 to 6. 2 The petitioners approached the Court seeking prayer 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 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.114794269 of Ftat No.2209 belongtng to Petitioner No.1, USC No. 114794309 of Flat No. 2211 belonging to petitioner No.2, USC No.t1,47g4322 of Flat No.2272 belonging to petitioner No.3 and USC No.714794349 of Flat No.2213 belonging to petitioner No.4 of the residential complex known as lanapriya Homes Classic at Janapriya Metropolis situated at Ward No.B, Block No.4, Fathenagar Village, Moti Nagar --- ) \vP 499 2025 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 principles of natural justice and violative of Articles 14 and 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 "' petitioners on the ground that

3.Thecaseofthepetitionersinbriefisthatthepetitioners are owners of different flats in the same residential complex known as "Janapriya Homes Classic at lanapriya Metropolis" situated at Ward No.B, Block No'4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad' The respondents were not releasing the electricity supply/connections to the flats of the occupancy certificate was not Pursuant to the directions of this C.ourt dated in W.P. No. 9501 of 2024 filed by M/s' Janapriya t6.04.2024 Engineers Syndicate Ltd', the respondent Company had issued Memo No. CGM (Comml)SE (c)/DE(c)-2IADE-IV/DN<I'52412024' 25, dated L8.05.2024 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 production of occupancy certificate. It is the specific case of the petitioners produced. 3 that petitioners flats are domestic/residentia I wP {99 -2025 units and therefore, the power suppry has to be issued under 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, learned Standing Counsel for TGSPDCL, appearing on beharf of respondent Nos.2 to 6 submits that the writ petition could be disposed of, directing the petitioners to put forth their grievance by way of a detailed representation to the respondents herein and the respondents would eventually consider the same in accordance to law, wathin 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.

6. A bare perusal of the record indicates that the grievance of the petitioners to convert the power supply which is released to 4 wP 499 2025 - the petitioners to "Janapriya Metropolis" situated ai Ward No.B, Block No'4, their residential premises titled 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. 7, Taking into consideration the circumstances of the case, the writ petition is disposed of directing the petitioners to put forth their grievance by facts and 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 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 5 law, on sa id representation communicate the decision to the petitioners However, there shall be no order as to costs. wP sN'l -499 _2025 and duly herei n. As a sequel, the miscellaneous petitions , if any, pending in the Writ Petition shall also stand closed. //TRUE GOPY// SD/.S.MALLIKARJUNA RAO ASSTSTANT REGtgTRAR ,/ €' SECTION OFFICER The Secretary, Secretariat. Hyderabad, State of Telangana, Energy Department. Southern Power Distribution_Company of Telangana Limited, Corporate 9ff ice, Ce ntra I Secrejariat, Khql{abad, Hydera b"ad, Tela n ga na 1OOO22 I he Superintending Engine_e1.DPE/TGSpDCL, Mint comp'ound, Hyderabad I he Divisional Enoineer. DpE/Banjara hills, GTS Colony,'Erragidcia. Hyderabad The Assistant Divisional Eng_1r_rqe1, DpE/Banjara Hills, Hyderabad The Assistant Engineer, Op"Ry AEi f One CC to SRI T.SURYA SAT|SH, Adv5cate iOFUCT Two CCs to GP FOR ENERGY, High Court foi the State of Telangana, at Hyderabad. [OUT] One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL tOpUCl Two CD Copies "aoroOi nvOerlbao To

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9. %:i' HIGH COURT DATED:0710112025 I I ) ORDER WP.No.499 ol2O25 ,!F-"'- iJ.i-::=:: _ i.ce a.\-/t 'r \ -.. 1/ 0:ii Fi8 t1 i.i .,1 v {' * \- DISPOSING OF THE WRIT PETITION WITHOUT COSTS ? 7 l^r