High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in tiJ,triJ"uii riled therewith' the High Court.may be rpprop|.i't" W'ii, O'0"' or Direction' more particularly one in pleased to issue the nature of Writ of frlanolmut, deciaring the action of the 2nd respondent in re- "n from HT category ll to HT category categorizing the petitioners-t"*i"" underlt clause 3'4 1. of GTCS and Vll without issuins anv #;;';;-;;;;ted "onn""tion demanding to pay Rs.13,0i,16z oo p"i'1"l.to.llg:t'isional Assessment Notice No.ADE/0/NKD/F.HT/D.No".i7 dozl,- at.ztn1t2o2o as illegal' arbitrary and ;;; ;"nditions of supply' Provisions of Electricity contrary to the General t;; of principles of natural Act, 2oo3 and Retail Srpply'i;tiff ;tiu|. iora-r s.in justice apart from violatiori oi R'ti"t" 14' 1 I (1 ) (g) of Constitution of lndia and 'iolatlon consequently set aside tn"'i."""Ji"gt 'iu" r'rb'noE/o/NKD/F'HT/D'No'371/2020' dl.21t11t2O2O issued bythe 5th respondent lA NO: 1 OF 2O21 Petition uncrer section-151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ft,""uigr, Corrt ,uy be preased ro direct !fe stn respondernt to restore ihe power coinection to senrice connection No.SGR2520 which was disconnected on 3ot01tzo21 pursuant t,,, ir," Fi"ri.io"ur order No.ADE/oiNKD/F.HT/ D.No.371r2o2odtt21r11r2o2o, rortnwitr, o"niing disposal of the above writ petition IANO:2OF2 021 Petition under Section -151 cpc praying that in the circumstances stated in the affidavit fired irr support of the petition, in" uigh court may be preased to stay - - -oiJ", further proceedings pursuant to No.ADE/o/NKD/F.|JT/D.No.37112020, dt.21t11r2n2o isiuea ny tie s;'[rpo,ioi,, pending disposal of the above writ petition the irovisionai - lA NO: 3 oF 2021 Between: 1 2 J 4 q Telangana State Southern power pistribution Company Ltd, Rep. by its chairman anc rvlanasing Director Mi;i c;;;;;;j"'L])oerauao The Superintending Engineer,. Teiangana State Southern power Distributioh Company Lto., Op6ratidn Cirite, IUe;?.- The senior Accounts officer, Tela.ngana State southern powe. Distribution Company Ltd. Operation Circle, M;A;[. The Divisionar Engineer, Tera.ngana state southern power Distribution Company Ltd. Operation Circlel Medak. The Assistant Divisional Engineer.(Operation), Telangana Statr:r Southern Power Distrib,.rtion compan! Ltd, N;it;;i"ri3b, tiEUX[ oirt,i.t AND ...PETITIONERS/RESPONDENTS NO.1 TO 5 M/s. KNR Constructiors Llmlted, s.F.No.426l5 ,at Ailadurg section, paoannaoet su.o-oiviilon Mejai o-islrict,. rep._bv iis rvinzger- ligar sri Mr,Sureih Juthusa, Wit S"*t" E;;;;iiJ, No. SGR2520 'iilage Airadurg .RESPONDENT/PETITIONER Petition under Section 151.CpC praying that in the circumstances stated in the- affidavit fired in suppot "lll"^ryq,i"ii, inl Hiir, court ma/ Le pl"jr"Jt" vacate the interim orders dated 08-oi-202r in wp. r,lo. 2563 0f 2021 and dismiss the writ petition Counsel for the petitioner: SRt DEEpAK CHOWDARY f;J t'"1 ,l"l :1" ff : ?3,?*1;;: 3H#R+E Di; i ? L o ov ( s c Fo R rG s p D c L) HON,BLE MRS. JUSTICE SUREPALLI NANDA w ITPETITION No.2 63 F20 2t OR ER: Heard Sri Deepak Chowdary, learned counsel appearing on behalf of the petitioner and Sri N'Sreedhar I Reddy,learnedStandingCounselforTGsPDCL'appearing on behalf of the resPondents' Th r r c e tn r as under: "...to issue an appropriate Writ' Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in re-categorizing the petitioner's service connection from HT category II to HT category VII without issuing any notice as mandated under clause 3'4':I' of GTCS and to pay Rs.13,05,367'00 pursuant to the demanding Assessment Notice No'ADE/0/NKD/F'HT/ Provisional D.No.37Il2O2O, dt.2L.17'2020 as illegal' arbitrary and contrary to the General terms and conditions of supply' Provisions of Electricity Act, 2003 and Retail Supply Tariff order 201B-19 in violation of principles of natural justice apart from violation of Article 14' 19 (1) (g) of Constitution of India and consequently set aside the proceedings vide No.ADE/0/NKD/F'HT/D'No'37 L/202O' dt.21jj.2}20 issued by the 5th respondent and pass *\ 2 such other order or orders as this Hon'ble Court. may deem fit and proper in the circumstances of the case."

3. The case of the petitioner, in brief, is that the petitioner company is engaged in infrastructure project development, providing engineering, procurement, and construction services. The petition()r company has been awarded a contract by the National Highways Authority of India. The petitioner applied for a high-tension (HT) electricity connection for their stone crusher unit and the respondents approved the connection r.rnder HT Category-II. However, the respondents later re-categorized the connection to HT Category-VII without issuing any notice claiming that the petitioner was using the connection fO - a mixed concrete plant and demanded the petitioner to pay an amount of Rs.13,05,367'.00/- and also disconnected the power supply without any orior notice. Aggrieved by the same, the petitioner filed the present writ petition. PERUSED THE RECORD. 4 esDo ndent No.5-the Assistant Divisional Su Deri ntende nt o Deration Naravankhed issued notice L.1t.2 er and h extracted hereunder: 3 "Your servicg. No.SGfu.f!10, HT Cat II of M/s.KNR Construction (Ready Mix Concrete Plant) used for Road (NH-161) Construction. On 20.11.2020, the Divisional Engineer/DPE/HT/HYderabad. Inspected the HT Service and instructed that, your 11 KV HT supply is utilizing for ready mix concrete pldnt, which is construction for NH-161. But what your service is utilising for not intended for which Cat (HT) conditions' Hence your service SGR 2520, is hereby intimating that, why your HT Cat II supply not be changed to HT Cat VII (Temporary Supply) hence for transfer from immediately (or) from the date of (release) of HT Supply. You are requested to acknowledge this notice and give rePly." 5 It is the s ific ca eofth e oetitioner that r r Detationer as Der Clau

3.4.L ofG neral Terms and Cond itions Suoolvands me ls racted hereunder: "Where a consumer has been classified under a particular category and is billed accordingly and it is subsequently found that the classification is not correct (subject to the condition that the consumer does not alter the category/ purpose of usage of the premises without prior intimation to the designated officer of the Company, th cons mer will b informed t rouqh a ificat on. d ulv notice, of the oroD i I I l i I i I I I I ! 4 DO and suitably revise with retrospective qrvln q him an oD le anv obie ron rtunaw to within a oeriod of 15 davs. The Company aftL.r due consideration of the consumer,s reply if any, rn6,1 6l[s1 the classification the bills if necessary/ even eFfect, the assessn'tent shall be made for the entire period rluring which :such reclassification is needed, however, the period during which such reclassification is needed cannot be ascertained, such period shall be limitecl to a period of twelve months immediately preceding th<:r date of inspection. "

6. Th o d n o f

2.2 2t s under: "]-here shall be an interim direction to the respondr:nts to restore the power supply to the premises; of the petitioner subject to payment of !;0% of the dr:manded amount, within a period of one week from toclay. The petitioner shall continue to pay the monthly consumption charges. It is made clear that payment of amount by the petitioner, in pursuanct:r to the order of this Court, will not absolve the petitioner from paying the entire demanded amount or fasten any liability on him and the same will be subject to the final result of the writ petition.,, i ], ,lrts'ei"'

7. A bare perusal'-€&*,..the""'irnpcgreed proceedings dated 5 2L.tl.2O2O clearly indicates that an unilateral decision had been arrived at by the respondent No.5 herein for change of HT category II to HT category VII (Temporary supply) on the ground that the petitioner is utilizing 11 KV HT supply for ready mix concrete plant, which is commercial activity'

8. Learned counsel appearing on behalf of the petitioner specifically disputes the same and contends that the petitioner had submitted a detailed representation dated 3l'72'2020 in reply to the notice dated 21.11'2020 issued to the petitioner herein by the respondent No.5 and the same need to be considered in accordance to law by the respondent No'5 herein'

9. Learned Standing Counsel for TGSPDCL appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitionerandSubmitsthatthewritpetitioncouldbedisposedof directing the respondent No.5 to consider the detailed reply furnished by the petitioner dated 3L't2'2O2O in response to the noticedated2l.tl.2o2oissuedtothepetitionerhereinbythe respondent No.5 herein.

10. n e n a) The facts and circumstances of the case, 6 b) The submissions made by the learned counset appearing on behalf of the petitioner and the learned Standing Counsel for TGSpDCL appearing.on behalf of the respondents, c) The contents of the impugned notice dated 21.LL.2O2O issued to the petitioner by the respondent No.5 herein and, d) The contents of the detailed repty furnished by the petitioner on 31.12.202O which clearly indicates that the petitioner sought for withdrawa! of the impugned letter dated 21.12.2O2O issued to the petitioner herein on the ground that the petitioner had entered into an agreement for supply of electricity at high tension for the purpose of road works a nd the respondent-corporation specifically agreed to charge under HT category, The writ peHtion is disposed of directing the respondent No.5 to consider the detailed reply furnished by the petitioner vide repty dated 31.12.2O20 to the notice dated 21.11.2O2O issued to the petitioner herein by 7 the respondent No.5, in accordance to law in conformity with the principles of natural justice, by giving an opportunity of personal hearing to the petitioner within a period of four(4) weeks from the date of receipt of a copy of this order and take a decision thereon on the subject issue and duly communicate the decision to the petitaoner. However, there shall be no order as to costs' Asa sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed' Sot'i. cHenoRA sEK ASSISTANT HAR EDDY STRAR //TRUE COPY// SECTION OFFIC ER * uth e rn P owe r r,'. r 9h ?,T 1i *q $Ttf ' il,y.? B;|"JJ':"'3:fi i! 3,:lX'3. Distribution ComPanl state so uthem Power Distribution ' l:"d:ffi 'll5: :8is ffsIS?:'J:,5s3:[: 3 The Senior Accounts officer, Terangana state southem power Distribution " U;;;;;Lio' oPeration circle' Medak' 4 The Divisional Engineer' Telangana State Southern Power Distribution " $;;;;;"Lto, oP6ration circle' Medak' 'I:i,3,'Bi.\?,tl?,:1'SJfl f'"li'l.".:'[?g.,I;1ff]alft 1313fl B'ilatesouthern 6. One CC to SRI THOOM SRINIVAS Advocate TOPUCI 7. One CC to SRI N SREEDHAR REDDY ( SC FoR TGSPDCL) Advocate to' ., loPucl Two CD CoPies e o KKS BS i I t HIGH COURT DATED:0310312025 i)v , I CC TODAY r I tr!4 4 u o .$ v * a d UJ .S \t $ ORDER WP.No.2563 of 2021 c H9iil * DISPOSING OF THE WRIT PETITION WITHOUT COSTS p{