B. Vigneshwar Reddy v. The State of Telangana

Heard Sri K. Pratik Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.landSriN.SreedharReddy,learnedStandingCounsel for TGSPDCL, appearing on behalf of respondent Nos'2 and 3. 2 The petitioner approached the Court seeking prayer as under: "...to issue an appropriate Writ Direction or Order particularly one in the nature of Mandamus (a) Setting aside the Provisional Assessment Notice vide Lr No ADE/OP/Keesara/D No'1909 dated 25'10' 2024 issued by Respondent No'2 which demands payment of Rs.27 ,778/- as a provisional assessed amount, alleging that the Petitioner committed theft of energy in violation of Sections 135 and 154 of the Electricity Act 2003, with respect to the meter SC No' 2OL4 04478, Category LT 1(B) Domestic situated at H' ColonY, No.9-536, Plot No'322 Dammaiguda MuniciPality, ShivanandaPuri Keesara Mandal, Medchal- \\ I 2 wP t57 t 2025 Malkajgiri District as iii6lat, arbitrary, violi:tive of the prirciples of natural justice and in contravention of Articles 14 16 and 21 of the Constitution of India (b) Consequently directing the Respondent Authorities to withdraw the criminal case No.2566/2024 And (c) t'ass any other order or direction as the llon,ble Cour: ma y deem fit and proper,,.

3. The casr: of the petitioner in brief is that he is the: owner of H.No. 9-5:16, >lot No.322, Shivanandapuri Colony, Darnmaiguda Municipality, l(eesara mandal, Medchal Malkajgiri District. The electricitv meter bearing SC No.2014 O447tt (UKSC No.101895874) Category LT 1 (B) Domestic (Telescc,pic), was transferrec on petitioner,s name. Respondent No.2 il;sued the impugned orCer dated 25.I0.2024 alleging that tl.lere was tampering of old meter which was replaced by them in the month of llarch,2024 and a penalty of Rs.27,778/_ u,as levied under Se(tion 154 (5) of the Electricity Act,2O03. On 28.11.2022 tho petitioner issued reply notice to the iame, but the same rvas; not considered hence the petitioner approached the Court by filing the present writ petition. srl r 3 wP l5'l | 2025 4. The learned counsel app-earing on behalf of the petitioner submits that without considering response given by the petitioner dated 28'17'2024 to the impugned notice dated 25'10'2024 issued to the petitioner by are proceeding to the 2nd respondent, the respondents disconnect the power supply of the subject .electricity detailed service connection of the Petitioner.

5. Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCO appearing on behalf of respondent Nos' 2 and 3 points out that as per the impugned proceedings dated 2s.Lo.2o24ofthe2ndrespondentissuedtothepetitioner the service connection had been disconnected on 25.LO.2O24 itself. The said submission is disputed by the learned counsel appearing on behalf of the petitioner' who submits that as on date, the service connection had not been disconnected and the respondents are threatening to disconnectthesubjectserviceconnectionofthepetitioner in pursuance to the impugned notice dated 25'1O '2024' R ED HE E R

6. Takino into consideration I ilP t57t 2025 (a) The submissions'ifiade by the learned counsel 4 appearin,g on behalf of the petitioner and Standing Counsel appearing on behalf of respondent learned Nos.2 an', 3, (b) The contents of the impugned notice dated

25.LO.2024, (c) The contents of the response dated 28.11.2O24 of the pei:itioner addressed to the 2nd respondent herein, (d) The fact that as on date, the representation submitted by the petitioner dated 28.11.2024 in reply to the imprrgned notice dated 25.1O.2O24 had not been considered by the respondents, The wnit petition is disposed of directing the respondent No.2 to consider the detailed response dated

28.LL.2OtL4 r;ubmitted by the petitioner in reply to the notice dated 25.1O.2O24 issued by the 2nd respondent to the petitioner within a period of one (1) week from the date of r'sceipt of a copy of this order, in accordance to law in conformity with principles of natural justice. The respondents are further directed not to disconnect the power supply to the subject premises S.C. No. 2O14 O4478t Category LT 1 (B) - Domestic, situated at d - .-. ., -'1l-: .:!:r ::- . ..r,,-! ::Xt!:;::it!ir.- ' "::r ar:i. 5 wP 157 | 2025 H.No. 9-536' PIot No.322, Shivanandapuri Dammaiguda Municipality, Keesara Mandal' Medchal - Matkajgiri District, if not already disconnected till Colony, appropriate orders are passed within a period of one week from the date of receipt of the copy of the order on the response submitted by the petitioner dated 28.11.2(J24 in reply to the notace dated 25.10.2024 issued by the 2nd respondent to the petitioner. However, there shall be no order as to costs. The miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPY// SD/-V.KAV;THA ASSISTANT REGISTRA SECTION OFFICER

1. The Principal Secretary, Electricity Department, Secretariat' Hyderabad 2. The Assistant Divisional Engineer (ADE), Operation- Keesara TGSPDCL' Keesara I\/andal, I\/edchal-Malkajgiri District, I elangana'

3. The Assistant Engineer (AEL TG.SPD-C!, Dammaiguda Municipality' Keesara Mandal, Medchal-Malkajgiri District' Telangana

4. One CC to SRl. K PRATIK REDDY Advocate [OPUC] 5. One CC to SRI N- SREEDHAR REDDY SC FOR TGSPDCL [OPUC] ' 6. Two CCs to GP FOR ENERGY ,High Court for the State of TelSngana [OUT] 7. Two CD CoPies KKS GJP / I 0 HIGH COURT DATED:21 10112025 ORDER WP.No.1571 of 2025 ;1 E S;t q I(' o 02 Afi] 2025 ? a t Dr:SirATrl\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS /o /5 L7 /0 k I