Ll High Court · 2025

Judgment

2. J.

5. State of Telangana, Represented by Principal Secretary (Energy), Secretariat, Hyderabad. MD, TGSPDCL, Mint Compound, Hyderabad-500063. Superintendent Engineer (Assessment), 1st Floor, Old Recreation Club Building, TSEAE Bhavan, TGSPDCL, Mint,Compound, Hyderabad-500063. PirLslolqt Engineer (Assessment), 1st Floor, Old Recreation Club Building, TSEAE Bhavan, TGSPDCL, Mint Compound, Hyderabad-500063. The Assistant Divisional Engineer, OP Sanathnagar, Near E Seva, Swami TheatreLane'sanathnagar'Hyderabad'500018'

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 Writ of mandamus and Quash and suspend the Impugned Provisional Assessment Orders passed by the Respondent No.5: ...RES'oNDENTS i. BJRH/GRLD/SNNR/16689124, ii. BJRH/GRLD/SNNR/16690124, iii. BJRH/GRLD/SNNR/16691/24, B JRH/GRLD/SNNR/1 6692/24, BJRH/GRLD/SNNR/1 6693/24, BJRH/G RLD/SNNR/1 6694/24, BJRH/G RLD/SNNR/1 6695/24, BJRH/G RLD/SNNRil 6696/24, BJRH/GRLD/SNNR/1 6697/24, BJRH/G RLD/SNNR/1 6698/24, BJRH/GRLD/SNNR/1 6699/24, BJRH/G RLD/SNNR/1 67OO/24, vi. vii. ix. xt. xii. and may be pleased to direct the Respondents to immediately restore electricity supply pertaining to the above-mentioned Service Connections, as the action of Respondents, more specifically of Respondent No.5, are illegal, arbitrary, unjust and u nconstitutional, violation of principles of natural justice, and in violative of Article 1a, 19 (1Xg) and 21 of The Constitution of lndia as such during the pendency of any suit or final order the citizens are being deprived of their extended fundamental rights to get electricity supply. 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 may- a) Pleased to suspend the lmpugned Provisional Assessment Orders passed by Respondent No.5 vide:- i. ii. iii. iv. vi. vii. viii. ix. x. xi. xii. BJRH/GRLD/SN NR/1 6689/24, BJRH/GRLD/SN NR/1 6690/24, BJRH/GRLD/SNNR/1 6691 /24, BJRH/GRLD/SNNR/1 6692/24, BJRH/GRLD/SNNR/1 6693/24, BJ RH/G RLD/SNNR/1 6694/24, BJRH/G RLD/SNNR/1 66S5/24, BJRH/G RLD/SNN R/l 6696/24, BJRH/G RLD/SNNR/1 6697/24, BJRH/G RLD/SNNRYl 6698i24, BJRH/G RLD/SNNR/1 6699/24, BJRH/G RLD/SNNR/1 67OO/24, All dated 09-12-2O24., and b) The Honble Court may be pleased to direct the Respondents to immediately restore the electricity supply of service connections pertaining to Scheduled Property as the action of Respondents, more specifically of // l' Respondent No.5, are illegal, arbitrary, unjust, in violation of principles of natural justice, and also violates the Article 14, 19 (1) (g) and 21 of The Constitution of lndia. Counsel for the Petitioners: SRI SYED YOUSUF Counsel forthe Respondent No.1: AGP FOR ENERGY Counsel forthe Respondent No.2 to 5: SRI N.SREEDHAR REDDY, SC FOR TSTRANSCO The Court made the following: ORDER ORDER: HON'BLE MRS JUSTICE SUREPALLI NANDA - WRIT PETITION No.14O2 OF 2025 - Heard Sri Syed Yousuf, 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 for TS Transco, appearing on behalf of respondent Nos.2 to 5.

2. The petitioners approached the Court seeking prayer as under: "...to issue Writ of Mandamus and quash and suspend the Impugned Provisional Assessment Orders passed by the Respondent No 5: i. BJ RH/GRLD/SN N R/ 16689/24 ii. BJ RH/GRLD/SN N Rl1 6690/24 iii. Bl RH/GRLD/SN N R/1669 1/24 iv. BJRH/GRLD/SN N R/ 1 6692/24 v. Bl RH/GRLD/SN N R/16693/24 vi. Bl RH/cRLD/SN NR/1 6694/24 vii. BJ RH/G RLD/SN NR/1 6695/24 viii. BJ RH/GRLD/SN N R/1 6696/24 ix. BJRH/GRLD /SNNR/76697 /24 x. BJ RH/GRLD/SN N R/16698/24 xi. BIRH/GRLD/SN N R/16699/24 xii. BJRH/GRLD/SNNR/1 6700/24 all dated 09/12/2024 and may be pleased to direct the Respondents to immediately restore electricity supply pertaining to the abovementioned Service Connections as the action of Respondents more specifically of I I \ , t I I 2 SN, J wP t4a 2025 Respondent No.5 are illegal, arbitrary unjust and u nconstitution a I violation of principles of natural justice and in violative of Articles 14 19 Lg and 21 of The Constitution of India as such during the pendency of any suit or final order the citizens are being deprived of their extended fundamental rights to get electricity supply and the Honble may be pleased to pass...",

3. The case of the petitioners in brief is that, the petitioner No.1 is the owner of the Flat No. #102, #103, #104, #201, #202, #204, #206, #404, #408, #507, #509 in building H.No' 7-2-1735 & 183/5/A, Plot No.4, Sanathnagar, Hyderabad (herein after referred to as Subject Property), wherein electricity service connections were installed. The petitioner No. t has been availing the service of Petitioner No.2's Online Rental Listing Platform & Property Management Company i.e. Nestaway Technologies Private Limited, in finding the tenants for subject property. While things stood thus, the 5th respondent issued Impugned Order dated 09.12.2024 to the petitioner stating that the service connections in the petitioner no.1's subject property are unauthorised connections and alleged that the petitioner no. 2 herein is utilizing the subject property for commercial purposes. In pursuance to the said impugned order dated

09.L2.2O24, the petitioners herein submitted a detailed response ,b, o Z 3 SN, J \uP 1402 2025 dated 07 .01.2025 to the 4th respondent requesting for ,ti restoration of electricity to the 1't petitioner's subject property. However, the same had not been considered till as on date. Aggrieved by the said inaction of the respondents in not considering the reply dated 07.0L.2025 submitted by the petitioners to the 4th respondent in response to the impugned order dated 09.12.2024 issued to petitioner No.1, the present Writ Petition is filed. PERUSED THE RECORD.

4. Learned counsel appearing on behalf of the petitioners further submits that in response to the proceedings dated

09.12.2024 issued by the 5th respondent herein i.e., Assistant Divisional Engineer, Operation, Sanathnagar Hyderabad to the petitioners, the petitioners herein submitted a detailed response dated 07.01.2025 addressed to the 4th respondent herein which had been even acknowledged by the office of the 4th respondent on 08.01.2025. However, the request of the petitioners for restoration of the Electricity Service vide Connection Nos.S2152621, 52152586, S.2t52623, SZLSZ63L, SZL526OL, s2t52679, s2t52592, SZt5259t, S2152590, S2152589, SZL526O4, Szl525gg OF 070301-CZECH Colony, East & South r 4 SN. J \tP t4Q2 2025 in Sanathnagar Section, which had been disconnected alleging unauthorized use of electricity under Section 126 of Electricity Act, 2003 without notice to the petitioner had not been considered, as on date. 5 The relevant Dortion imouoned notice vide Lr.No.ADE/OPlSNNR/D-XV/D.No.1419. dated 09.12.2024 issued bv the Assistant Divisional Enoineer, Operataon, Sanathnaqar, Hvderabad, is extracted hereunder: "2 Incriminating Points observed At the time of inspection it is found that the Supply is found utilizing for NESTAWAY SHARING ROOMS AND BEDS (Online booking) for ladies and gents purpose ie LT cat II. But bills are issuing under LT cat I only. Thus the utilization of supply other than sanctioned purpose constitutes as unauthorized usage of electricity for which case was booked under section 126 of IE ACT 2003.

3. Nature of Offence reported On examination of the records and relevant material, I am of the view that you are guilty of Unauthorised Use of Electricity under Section 126 of the Electricity Act, 2003 owing to: Usage of electrlcity for the purpose other than for which the usage of electricity was authorised or for the premises or areas other than those for which the supply of electricity was authorized.

4. Charges payable to the Company for unauthorised use. On careful consideration of all the relevant aspects. I have provisionally assessed the electricity charges due to the Company in accordance with Section 126 of the Act at Rs 1-237LA, based on the Assessment Rules contained in appendix XII read with clause 9.3 of the GTCS approved by APERC. The calculation sheets for the same are enclosed for your reference. 5 SN, J 1402 2025 WP

5. Future Course of Action If you wish continuance of supply, you may pay Rs 61559.0 being 50o/o of the provisionally assessed amount + incidental charges of Rs.100 + Reconnection charges of Rs.75.0 to the AAO/ERO SANATH NAGAR (designated officer for payment of assessed amount), and furnish receipt to me within 7 days from the date of service of this order If you are agreeable to the provisionally assessed amount, you may pay the amount in full within seven days specified under section 126 (4) of the Act. Further proceedings to recover the assessed amount will be closed after production of a receipt towards payment of the provisionally assessed amount of Rs 123118 in full, to AAO/ERO SANATH NAGAR (designated officer for payment of assessed amount), in addition to the Incidental charges of Rs 100 and Reconnection charges of Rs.75.0 THE In case you have any objection to this order, you may make a representation to SUPERINTENDING ENGINEER/DIVISIONAL ENGINEER/ASSESSMENTS/I FLOOR, OLD RECREATION CLUB BUILDING, BESIDES TSEAE BHAVAN, TSSPDCL, MINT COIYPOUND, HYDERABAD-63 within 15 days from the date of service of this order. You may also specifically indicate in your representation whether you want to be heard in person. In case there is no representation from you within 15 days from the date of service of this order, the Final Assessment Order will be issued based on the material available".

6. Sri N. Sreedhar Reddy, learned Standing Counsel for TS Transco, appearing on behalf of respondent Nos.2 to 5 submits that the writ petition could be disposed of directing the respondent No.4 to consider the response of the petitioners dated 07.01.2025 submitted by the petitioners to the 4th respondent in response to the impugned provisional Assessment I 6 SN, J wP 1402 2025 Notice vide Lr.No. ADE/OplsNNR/D-XV/D.No.1407_14 17 and 1419, dated 09.12.2024 issued by the 5th respondent to the petitioners pertaining to the subject electricity service connection n u m bers,

7. The learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the learned Standing Counsel for TS Transco appearing on behalf of respondent Nos.2 to 5.

8. Taking into consideration the submissions made by the learned counsel appearing on behalf of the petitioners and the learned Standing Counsel for TS Transco appearing on behalf of respondent Nos.2 to 5, the contents of the impugned order dated O9.L2.2O24 issued by the sth respondent to the petitioners (referred to and extracted above), the writ petition is disposed of directing the 4th respondent to consider the detailed response of the petitioners dated O7.OL.2OZS addressed to the 4th respondent herein which had been acknowledged by the office of the 4th respondent herein, in accordance to taw/ in conformity with the princaples of naturat justice by r-------------- 7 / t- To, l SN, J wP 1402 2025 giving an opportunity of personal hearing to the petitioners, duly considering the grievance of the petitioners as put forth by them in the detailed response dated O7.01.2025 for restoration of the Electricity Service Connection Nos.SZ152621, S2152586, S,2L52623, s2152631, 52152601, SZL526L9, SZL52592, SZL5Z59L, szt52590, 52152589, SZL526O4, 52152599 OF O7O3O1- CZECH Colony, East & South in Sanathnagar Section, Hyderabad, within a period of one (1) week from the date of receapt of a copy of this order and duly communicate the decision to the petitioners. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SD/. L. LAKSHMI BABU T REGISTRAR ASSI CTION OFFICER \ Telangana.

1. The Principal Secretary (Energy), Secretariat, Hyderabad, State of 2. The MD, TGSPDCL, Mint Compound, Hyderabad-500063. 3. The Superintendent Engineer (Assessment), 1st Floor, Old Recreation Club Building, TSEAE Bhavan, TGSPDCL, Mint Compound, Hyderabad-500063. 4. The Divisional Engineer (Assessment), 1st Floor, Old Recreation Club Building, TSEAE Bhavan, TGSPDCL, Mint Compound, Hyderabad-500063. 5. The Assistant Divisional Engineer, OP Sanathnagar, Near E-Seva, Swami Theatre Lane, Sanathnagar, Hyderabad,500018. 6. One CC to SRI SYED YOUSUF, Advocate [OPUC] 7. One CC to SRI N.SREEDHAR REDDY, SC FOR TSTRANSCO [OPUC] 8. Two CCs to GP FOR ENERGY, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies BSR HIGH COURT DATED: 2010112025 ORDER WP.No.1402 of 2025 'i rtE si'4116- ,t d t4tArM Z C. .1tr ,( DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ 1_-