✦ High Court of India · 08 Jan 2025

High Court · 2025

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,574 words

4. Palimkar Maheshwari, Wo. Palimkar Sridhar Rao, Aged about 38 years, Occ. Service, R/ o. Flat No. 2118A, Block No. ll (Monalisa), 1st Floor in Janapriya Homes Classic at Janapriya Metropolis situated at ward no.8, Block no.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad, Telangana 5OOO18. AND .....PETITIONERS

1. The State of Telangana, Energy Department, Rep. by its Secretary, Secretariat. Hyderabad.

2. Southern Power Distribution Company of Telangana Limited, Corporate Office, Central Secretariat, Khairtabad, Hyderabad, Telangana SO0O22. 3. The Superintending Engineer, DPE/ TGSPDCL, Mint Compound, Hyderabad. 4. The Divisional Engineer, DPE/Banjara Hills, GTS Colony, Erragadda, Hyderabad.

5. The Assistant Divisional Engineer, DPE/Banjara Hills, Hyderabad. 6. The Assistant Engineer, OPR/AE/ Erragadda, Hyderabad. Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be .....RESPONDENTS 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 t-T-CAT-Vlll (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connections bearing USC No. 114754324 of Flat no. 21 15 belonging to Petitioner no.1, USC No.114794327 of Flat no.2116 belonging to Petitioner no.2, USC No. 114794234 of FIat no. 2117 belonging to Petitioner no.3, and USC No. 114794240 of Flat no. 2118A belonging to Petitioner no.4 of the residential complex known as Janapriya Homes Classic at Janapriya Metropolis situated at ward no.8, 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 Electricity Act, 2003, violative of principles of natural justice and violative of Articles 14 and 21 of lhe Constitution of lndia and consequently direct the Respondents to change the service connections of the Petitioners electricity meters from LT CAT-VIll to LT CAT-|. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to convert the power supply which is released to the Petitioners under the USC No. 114794324 of Flat no. 21'15 belonging to Petitioner no.1, USC No. 114794327 of Flat no.2116 belonging to Petitioner no.2, USC No. 114794234 of Flat no. 2117 belonging to Petitioner no.3, and USC No. 114794240 of Flat no. 21 18A belonging to Petitioner no.4 of the residential complex known as Janapriya 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 : GP FOR ENERGY Counsel for the Respondent Nos.2 to 6 : SRI N.SREEDHAR REDDY The Court made the following ORDER I ------7 ' i'- HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT P TITION No.6O5 oF 2025 ORDER: 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 The oetitio ners aooroach ed the C r)U rt seekino ra er D 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.114794324 of Flat No. 2115 belonging to Petitioner No.1, USC No.114794327 of Flat No.2116 belonging to Petitioner No.2, USC No.174794234 of Flat No.2117 belonging to Petitioner No.3, and USC No.LI4794240 of FIat No.211BA belonging to Petitioner No.4 of the residential complex known as "Janapriya Homes Classic at Janapriya Metropolis" situated at Ward No.B, block No.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad, ----.-- ! I r _ wP 605 2025 instead of LT-CAT-I which is given to domestic units, illegal, arbitrary, violative of the provisions of the Electricity Act, 2003, violative of the principles of natural justice and violative of Articles 14 & 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 of justice, 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 "lanapriya 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 supply/connections 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 fited by M/s. Janapriya Engineers Syndicate Ltd., the respondent Company had issued Memo No. CGM (Comml)SE (c)/DE(c)-2/ADE-tv/DNo.524/2024- 25, dated 18.05.2024 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 3 of occupancy certificate. It is the petitioners that petitioners flats are ** uo, ,# specific case of the domestic/residential units has to be issued under and therefore, the Power suPP|Y domestic/residentia I 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 behalf 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' 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. 4 t!. r w?_605 2025 6. 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 tiUed "Janapriya Metropolis,, situated at Ward No.B, 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 aileged by the petitioners.

7. Taking into consideration the facts and circumstances of the case, the writ petition is disposed of 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 shall consider the said grievance of the petitioners pertaining to petitioners request seeking conversion of power supply to the petitioners from LT CAT_VUI to LT I wP-605 2025 under LT CAT-I and continue to supply the power CAT-I to the Petitioners heretn 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// o33',ir'o'nffiEsL?fl"^H S TION OFFICER To 1 The Secretary, State of Telangana, Energy Department, Secretariat. Hvderabad. iflitkrff:+il+ffi ;+$*ru':+;i'stllrF"' l[it*,l:tri'H:-Hgr?ii{'il,::t't:ii[:::,""'"' [["if il df ':iir:ml' a: #ffi :i"" L:i'i3t' "' 8 I 10.Two CD CoPies

2. t 4. 5 6 7 SA PSK b I I I HIGH COURT DATED:0810112025 ORDER WP.No.605 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 6if4"'"w .dE srAr€ it$ 16 i\l oJl ;/ ks 2/'

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments