M/s. Shree Mandir Foods Pvt. Ltd v. 1. The State o-f Telangana

the affidavit filed in support of the petition, the High Court may be pleased to suspend the Impugned Notice in Lr.No.ADE/OP/Q PUR FD.NO.3558, dated

22.01 .2025 issued by the 3'd respondent, pending finalization of the Writ Petition. Counsel for the Petitioner: SRI NARENDAR JALLI, SENIOR COUNSEL Counsel forthe Respondent No.1: AGP FOR ENERGY Counsel forthe Respondent Nos.2 to 5: SRI N. SREEDHAR REDDY, S.C. FOR TG TR,ANSCO The Court made the following: ORDER I HON'BLE MRS. JUSTICE SUREPALLI NANDA w PETI I 2 20 ORD ER: Heard Sri Narender Jalli, tearned Senior counsel appearing on behalf of petitioners, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1 and Sri N.Sreedhar Reddy, learned Standing Counsel for TG TRANSCO appearing on behalf of respondent Nos.2 to 5. 2 The oetitioners aooroached the Court seekino oraver as under: "...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the Impugned Notice in Lr'No.ADE/OPIQ PUR FD' NO.3558, dated 22.Ot.2025 issued by the 3'd respondent by assessing the provisional assessment of electricity charges of Rs.25,00.230/- pending determination of the civil liability as illegal, arbitrary, null and void and consequently, by setting aside the impugned notice and to re-connect the power supply to the petitioners unit and pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case"' i ? SN. J wP 2392 2025

3. The case of the petitioners, in brief, is that the petitioners have commenced the industry producing wheat flour and obtained a shed in the Industrial Zone, where another industry, M/s. Jagadamba Engineering Works, was already operating. A main power supply meter was installed, and after they established the industry, a sub-meter was fixed to assess power tariff. They have paid their share of the power consumption charges, ranging from Rs.1,70,000 to Rs.1,80,000, along with M/s.Jagadamba Engineering Works. However, ut". . M/s.Jagadamba Engineering Works vacated the shed, their power consumption charges decreased to . Rs.40,000 to Rs.60,000 per month. Despite this, they have received a demand notice Vide Lr.No.ADE/OPIQ PUR FD.No.3558, dated 22.0t.2025, alleging electricity theft due to tampered meter seals and missing phase voltages and electricity charges of Rs.25,00,230/- had been provisionally assessed against the petitioners and the petitioners were directed to pay 50o/o of the assessed amount, plus supervision charges, GST, and reconnection charges. Aggrieved by the same, the petitioners filed the present writ petition.

4. Learned Standing Counsel appearing on behalf of the respondent Nos.2 to 5 submits that for the determination of civil , SN. J wP 2592 2025 liability under Section 754 of the Electricity Act, 2003 the petitioners is bound to deposit 50o/o of the amount as indicated in the impugned provisional assessment notice and upon the petitioners depositing the said amount, the respondents shall refer the subject issue under Section 154(5) of the Electricity Act, 2003 to the competent Court for determlnation of civil liability and till the said case is disposed on merits after due adjudication by the Special Court the respondents shall not initiate any coercive steps against the petitioners.

5. Learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the learned Standing Counsel appearing on behalf of the respondent Nos.2 to 5 herein.

6. Takino into consideration: a) The submissions made by the learned Senior Counse! appearing on behalf of the petitioners and b) The submissions made by the learned Standing Counsel appearing on behalf of the respondent Nos.2 to 5, The writ petition is disposed of directing the petitioners to deposit 5oo/o of the amount indicated in the impugned provisional assessment notice dated ( (.t \

22.(J1.2(J25 issued by the respondent No.2 to the petitioners within a period of two(2) weeks from the date of receipt of a copy of this order and upon the petitioners depositing the said amount, respondents shali forthwith restore the power supply to the meter bearing S.C.No.O442 05848 (UKSCNO-11275a6L7) Category LT II(B) Non-Domestic/Commercial Above 50 Units/Month of O442O1-IDA-II in Kompally Section (Dist) and the respondents are further directed to refer the matter to the competent Court for determination of the Civil liability as mandated under Section 154(5) of the Electricity. Act, 2OO3 within a period of two(2) weeks thereafter. It is however observed that till the competent Court dispose's of the subject issue on merats, respondents shall not initiate any coercive steps against the petitioners. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. t \ To, SD/-A.V.S. P ASSISTANT REGI AD //TRUE COPY// SECTION FFICER

1. The Principal Secretary, Energy Department, State of Telangana, Telangana Secretariat, Hyderabad.

2. The Chairman and Managing Director, Southern Power Distribution Company of Telangana Ltd, Office. 0-t-50, Mint Compound, Hyderabad - 500 063. 3. The Assistant Divisional Engineer (Operation), Quthbullapur, TGSPDCL' Medchal - Malkajgiri District. -"/ I I r

4. The Assistant Accounts Officer / ERO, Quthbullapur, TGSPDCL, Medchal - Malkajgiri District.

5. The Assistant Executive Engineer (Operation), Kompally, IMedchal - I\rlalkajgiri District.

6. One CC to SRI NARENDAR JALLI, Advocate [OPUC] 7. Two CCs to GP for Energy, High Court for the State of Telangana at Hyderabad. [OUT]

8. One CC to SRI N. SREEDHAR REDDY, S.C. forTG TRANSCO IOPUC] 9. Two CD Copies MP 16 Id. BS I I I t HIGH COURT DATED:3010112025 1 H E g Iz{ /, o L) (,, (f z oA. 14 FEB 2W /)r:.!-. ICHEO t . ORDER WP.No.2592 o12025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I ,r.-odd ' q. ff-r'r