1. Gadicharla Krishna Sumanth v. 1. The State of Telangana, Energy Department
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 7 of mandamus declaring 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 residentiat unique service connections bearing USC No. 114794351 of Flat no. 25218 and 2522A belonging to Petitioner no.1, USC No. 114794351 of Flat no. 2522F belonging to petitioner no.2, USC No. 1'14794356 of Flat no. 25208 and 2521A belonging to petitioner no.3, of the residential complex known as Janapriya Homes Classic at Janapriya lVletropolis situated at ward no.8, block no.4, Fathenagar Village, Ir,4oti Nagar, Erragadda, Hyderabad, instead of LT-CAT-I which is given to domestic units, as illegal, arbitrary, violative of the provi5ions 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 Petitioners electricity meters from LT CAT-VIll to LT CAT-I lA 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. 114794357 of Flat no. 25218 and 2S22A belonging to Petitioner no.1, USC No. 114794351 of Flat no.2s22B belonging to pelitioner no.2, USC No. 1'14794356 of Flat no. 2s208 and 2s21A belonging to petitioner no.3, of the residential complex known as Janapriya Homes claisii at Janapriya Metropolis situated at ward no.8, block no.4, Fathenagar Village, Moti Nagir, Erragadda from LT CAT-VIll to LT CAT-I and continue to supply the po*"r rn-d"'. LT CAT-I Counsel for the Petitioners: SRl. T SURyA SATISH Counsel for the Respondent No.1: cP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 to 6: SRI N. SREEDHAR REDDy SC FOR TGSPDCL The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.5O2 OF 2025 ORDER: Heard Sri T. Surya Satish, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Social Welfare appearing on behalf of respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counse! 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.114794357 of Flat No. 252L8 and 2522A belonging to Petitioner No. 1, USC No tL479435L of Flat No. 25228 belonging to Petitioner No. 2, USC No 114794356 of Flat No. 25208 and 252tA belonging to Petitioner No.3 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, 2 wP 502 2025 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 2L 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...".
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 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 filed 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 of occupancy certificate. It is the specific case of the petitioners J wP 502 2025 that petitioners flats are domestic/residentia I units and therefore, the power supply 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 residentiar units is illegal, arbitrary apart from being violative of the provisions of the Electricity Act. Aggrievedr 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 hereln and the respondents would eventually consider the same in accordance to law, within a reasona ble 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 502 2025 the petitioners to "Janapriya Metropolis" situated at Ward No.B, Block No.4, premises titled their residential 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 facts and circumstances of the case, the writ petition is disposed of directing the petitioners to put fofth 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-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 5 y7p 502 2o'j\ pass appropriate orders thereafter and accordance to law, on the said representation and duly communicate the decision to the petitioners herein. \ To, However, there shal! 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// SD/. N. SRIHARI ASSTSTANT R GIST SEGT OFFICER 1 . The Secretary, State of Telangana' Energy Department' Secretariat' Hyderabad. '3?YJ::3":i,.X,%3J::l':,H'i?.ff,Tlfli"'il1lJ8fi1:"HEi;fu"J83i1" 3. The Superintending Engineer, DPE/TGSPDCL' Mint compound' Hyderabad' 4.TheDivisionalEngineer,DPE/Banjarahills'GTSColony'Erragadda' Hyderabad.
5.TheAssistantDivisionalEngineer,DPE/BanjaraHills,Hyderabad. 6. The Assistant Engineer, OPFI/ AE/Erragadda' Hyderabad 7. One CC to SRl. T SURYA SATISH Advocate [OPUCI 8. One CCto SRI N. SREEDHAR REDDY SC FORTGSPDCL IOPUC] 9. Two CCs to GP for Social Welfare' High Court for the State of Telangana at HYderabad. [OUT]
10.Two CD CoPies KKSms t I I I 1t 514I e 5 c 0 4 FiB 2[25 ? o * D€s PArcirr:o * HIGH COURT DATED:0710112025 ORDER WP.No.502 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS G)44 2l'1J- €