High Court · 2025

1 Boddu SubrahT.airy?m,__S/^o B Venkatarathnam, Aged 65 years, Occ. Business, Rl/o. Flat No, 2316, Block No. ll (Monalisa). 3id Floor in Janaoriva Homes Classic at Janapriya lrrletropolis siiuated at'warO no.A, Uloik-fio]+, l-athenagar Village, Moti Naga-r, Erragadda, Hyderabad, Telangana 50001g Varalakshmi. cgQdal1, W/o_- Srinivasa Rao guddati, AgeO 5Z yearr, Occ. Pusiness, Ryo. Flat No. 2317, Block No. ll (lMonalisai. 3id Floor ih Janaoriva Homes Class,ic at Janapriya lrrletropolis situated at'ward no.8, Bloali-fio:4, l-athenagar Villa.ge,-Moti Nagar, Erragadda, Hyderabad, Telangana 50001 B Adapa. Dhanarqiu, S/o. Adapa SatyanarayanS, Aged 50 year5, Occ. serrice, lVo. t-lat No. 2318A, Block No. H (Monalisa), 3rd- Floor in Janapriya Homes Classic at Janapriya Metropolis situlted at wSrd no.g, Block no.4, f'atfrenaoii Village, Ivloti Nagar, Erragadda, Hyderabad, Telanqana 50001g Sanjeev Kumar Ramteke, S/ o. Jaldeo Ramteke, frged 47 years, Occ. Service Rl/ o. Flat No.23188 and 23.t9A, Block No. tiltvtondtisay,'grO fi;iln Janapriya. Homes Classic at Janapriya [Vetropolis situated at wirO no.S, Blocli no.d . Fathenagar Village, Moti Nagar, Errbgadda, Hyderabad, feta'ngini 5000'18 Sanagapjlli Syplq.naq, W]o. Sanagapaili Suri Babu, Aged 32 years, Occ. service, R/ o. Flat No. 23198.and 2320A, Btock No. ll (Mo"nalisa), arO Fioorin Janapriya Homes Classic at Janapriya lr/letropolis situaied at walO no.e, Biock Fathenagar Village, Ir/oti Nagar, Enbgadda, Hyderabad, fetdngana no.d 500018 _ 5 AND ...PETITIONERS

2. 3 4 5 6 Ilg Ptgtq ,of ,Tetangana, Energy Department, Rep. by its Secretary, secretanal. Hyoerabad Southern Power Distribution Company of Telangana Limited, Corporate Office, Central Secretariat, Khairtabdd, Hyderabad, ielangana 5OOO22 ' The Superintending Engineer, DpE/ TGSPDCL, Mint com"pound, Hyderabad .l.ne Djvisronal Engineer, DPE/Banjara hills, GTS Colony, Enagadda. Hyderabad The Assistant Divisional Eng1nee1, DpE/ Banjara Hills, Hyderabad The Assistant Engineer, Oe-R/ AEiErragaOaa, nyOeiibaO ,..RESPONDENTS 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-CAT-VIll (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connections bearing usc No. 114794196 of Flat no. 2316 belonging to Petitioner no.'1 , USC No.114794197 of Flat no. 2317 belonging to Petitioner no.2, USC No' 114794325 of Flat no.2318A belonging to Petitioner no.3, USC No.'1 14794239 of Flat no. 23188 and 2319A belonging to Petitioner no.4, and USC No' 114794260 of Flat no. 23198 and 2320A belonging to Petitioner no.5 of the residential complex known as Janapriya Homes Classic at Janaprrya [Vletropolis situated at ward no.8, block no.4, Fathenagar Village, firloti 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, 2001], 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. 114794196 of Flat no 2316 belonging to Petitioner no.1, USC No. 'l 14794197 of Flat no. 2317 belonging to Petitioner no.2, USC No. 114794325 of Flat no. 2318A belonging to Petitioner no.3' USC No. 114794239 of Flat no. 231BB and 2319A belonging to Petitioner no.4, and USC No. 1 1 4794260 of Flat no. 23'1 9B and 2320A belonging to Petitioner no.5 of the residential complex known as Janapriya Homes Classic at Janapriya Metropolis situated at ward no.B, block no.4, Fathenagar Village, lVoti Nagar, Erragadda from LT cAT-v* to LT cAT-r and continue to suppry the power under LT CAT-I Counsel for the petitioner: SRl. T. SURYA SATISH Counsel for the Respondent No.1: Gp FOR ENERGY Counsel for the Respondent Nos. 2to6: SRI N. SREEDHAR REDDY, SC The Court made the following: ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION NO. 555 o F 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.landSriN'SreedharReddy,learnedStandingCounsel' appearing on behalf of respondent Nos'2 to 6'

2. Th as nde th Cou se kin r " ...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action o1' 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 set'vice connections bearing USC No'114794196 of Flat No' 2316 belonging to Petitioner No.1, USC No 11479'1197 of Flat No.2317 belonging to Petitioner No'2, USC No.114794325 of Flat No.231BA belonging to Petitioner No.3, USC No.tl47g4239 of Flat No'2318B & 2319A belonging to Petitioner No.4, and USC No'11479'4260 of Flat No.23l9B & 2320A belonging to Petitioner No'5 of the residential complex known as "Janapriya Homes Classic at lanapriya Metropolis" situated at Ward No'8, *. ,rr ril{ - ' 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 14 & 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 such other order(s) as are deemed fit and proper in the interest of justice, equity and good conscience.,, Fathenagar Village, Moti

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 lanapriya Metropolis,, situated at Ward No.B, Block No.4, Nagar, Erragadda. Hyderabad. The respondents were not releasing the electricity su pprylcon n ection s to the frats or 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 (Commt)SE (c)/DE(c)_2/ADE_IV/DNo.s24/2024_ 25, dated lB.OS.2024 and a bare perusal of the same indicates that electric supply shall be released to the petitioners subject 3 SN. ] wP 555-2025 domestic/residential premises under LT-CAT-VIII (Temporary Supply) until production of occupancy certificate' it is the specific case of the petitioners that petitioners flats are domestic/residentia I units and therefore, the power supply has to be lssued under category only but cannot be either under commercial or construction category' and the releaslng 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 ' Sri N' Sreedhar Reddy, learned Standing Counsel for , appearing on behalf of respondent Nos'2 to 6 submits writ petition could be disposed of' directing the to put forth their grievance by way of a detailed respondents herein and the respondents der the same in accordance to law' within petitioners representation to the would eventuallY consi that the TGSPDCL 4 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 beharf of respondent Nos.2 to 6. 4 -SN. J wP-555 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 residentia I premises tifled "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 grievance of the petitioners as alleged by the considering 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 5 SN, J v.IP_5'i5 2025 power sup the petitioners from LT CAT-VIII and continue to supply the power under LT within a Period of two (2) approPriate orders in representation and duly the Petitioners herein' tO LT CAT-I CAT-I to the Petitioners herein weeks thereafter and Pass law, on the said accordance to the decision to However, there shall be no order as to costs' communicate As a sequel' the miscellaneous petitions , if anY, Pending in the Writ Petition shall also stand closed ' //TRUE COPY// SD/.N.SRIHARI ASSISTANT REGISTRAR t.,i SECTION OFFTCER To, E n e rs v l r h e s e c re ta ry ^ Hflilii"i: '3?,?i:3'I;#=*tt**i+iHH#,L,.H[*ET,t[tifl'sx,ff 3. The SuPerintending tng 4. The Divisional t'ngrneer, pimTt,.T:lit3ri ?t6 [ "t, -De o rate ^cp;q ;leo'3,,0* 5 6 7 8

9. 10 ***''t*n'ts*arrgr++t*n,re,r",m::::::,"",", Hi"St?jJRitJ ,*==o*o* REDDY' sc roPUCl Two CD Copies B M /BSK \,_1, HIGH COURT DATED:0810112025 ORDER WP.No.555 of 2025 I /a y'-,;;. It-u .J {: Qr. {,: _) iO tt) \,'ir. \.' r')-' -'-t' I 0il i:l:i 2[?5 -..\ A ,/// .l r S I.^i ..t\t_v_.2,. '--..:_ - =y'- DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?