LCiri, sri t,l v. Anantn

Petition under Nlicle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in demanding Rs. 29.68,55,648/- purported to be on account of Deemed Consumption Charges and Rs. 44,27,75,085/. towards Surcharge thereon on the petitioner, in pursuance to the Guaranteed Energy off-take at 6701 KVAH per kVA per annum on contracted Maximum Demand for the financial year 2008-09,2012-13 and 2013-14, vide Lr. No.SE/OP/SRD/SAO/AAO-HT/JAO/HT/D. No. 7 26 t 2023, dt. 1 4.02.2023, followed bydisconnectionmemovideSE/oP/SGR/SAo/AAo(HTyJAo(HTyD.No.728l 202g, dl. 15.02.2023. issued by the 2nd respondent, despite the fact that the Respondents have acquiesced to the fact that there are no pending dues for the Fy 2008-09 and pending appeals before the APTEL for FYs 2012-13 and 2013-14. t I I I i I I I I I i I I I i i ! ! i { i I I I I I I ! I as being arbitrary, ,llegal, contrary to the relevant Tariff Orders, provisions of the Electricity Act, 2003, besides violative of petitioners rights guaranteed under Article '14 and 19(1Xg) of the Constitution of lndia, and consequently set aside the lA NO: 1 OF 2023 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 Respondent not to take any coercive steps including disconnection of power supply to the Petitioner' Service Connection No. SGR-129, in pursuance to the demand notice vide Lr.No. SE/OP/SRD/SAO/AAO-HT/JAO/HT/D.No. 72612023, dt. 14.02.2023 and the consequential disconnection memo vide SE/OPiSGR/SAO/AAO (HT/JAO(HT)/D. No. 72 I I 2023. dt. 1 5.02.2023, iisued by the 2nd Respondent, purported to be on accounl of Deemed Consumption CharEes, pending disposal of the Writ Petition. 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 nray be pleased to extend the interim order granted on 20.02.2023 in W.P. No. 49'14 of 2023 till further orders pending disposal of the Writ Petition in the interest of justice. lA NO: 2 OF 2023 Between:

1. Southern Power Distribution Company of Telangana Ltd.. (TSSPDCL), Corporate Office at 6-1-50, Mint Compound, Hyderabad -500063. Represented by its Chairman and Managing Director

2. The Superintending Engineer, Operation Circle, TSSPDCL, Sangareddy District, Telangana. AND ...PETITIONERS/RESPONDENTS VBC FERRO ALLOYS L|M|TED., Fyo.6-2-913/914, 3rd Floor, Progressive Towers, Khairatabad, Hyderabad. With its unit at. Rudraram Village, Patancheru Mandal, Sangareddy District- Represented by its Whole Time Director, Sri. M. V. Ananthakrishna, S/o. M. K. Raju HT SC No. SGR-129. ...RESPON DENT/PETITIONER I Petition under Secuon 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to the interim orders dated 2O10212023 in lA. No. 0.1 of 2023 in Wp. No. 4914 vacat€ ot 2023 and dismiss the writ petition. Counsel for the Petitioner: SRI CHALLA GUNARANJAN Counsel forthe Respondents: SRI N. SREEDHAR REDDY (sc FoR TELANGANA TRANSCO) The Court made the following: ORDER ! ! I i I i i i HON'BLE MRS. JUSTICE SUREPALLI NANOA lWnrr PefrffOn ruo.C ORDER: Heard Sri Deepak Chowdary, learned counsel appearing on behalf of the petitioner, and Sri N. Sreedhar Reddy, learned Standing Counsel for TG Transco, appearing on behalf of respondent Nos.1 and 2.

2. The petitioner approached the Court seeking prayer as under: " ...to issue an order or orders or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in demanding Rs.29,68,55,648/- purported to be on account of Deemed Consumption Charges and Rs.44,27,75,085/ - towards Surcharge thereon on the petitioner in pursuance to the Guaranteed Energy Off-take at 6701 kVAH per kVA per annum on Contracted Maximum Demand for the financial year 2008-09, 2Ot2-t3 and 2Ot3-14 vide Lr No SE/OP/SRD/SAO/AAO-HTl)AO/HT/ D.No.726/2023, dt L4.02.2023 followed by disconnection memo vide SE/OP/SGR/SAO/AAO(HT)/ IAO(HT)/D.No.728/2023 dt 15.02.2023 issued by the 2nd respondent despite the fact that the Respondents have acquiesced to the fact that there are no pending dues for the FY 2008-09 and pending appeals before the APTEL for FYs 20t2-13 and 2013-14 as being 2 wP_4914 2023 arbitrary illegal, contrary to the relevant Tariff Orders provisions of the Electricity Act 2OO3 besides violative of petitioner,s rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and consequently set aside the same and pass...,,.

3. It is represented by the learned counsel appearing on behalf of the petitioner that cause of action in the present writ petition does not survive for adjudication any more.

4. Learned counsel appearing on behalf of the petitioner further submits that liberty may be granted to the petitioner to approach the Court afresh again in the event of issuance of any fresh demand notice to the petitioner challenging its legality.

5. Sri N. Sreedhar Reddy, learned Standing Counsel for TG Transco, appearing on behalf of respondent Nos.1 and 2 does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

6. Accordingly, the writ petition is closed giving liberty to the petitioner to approach the Court again an the event a fresh demand notice issued to the petitaoner. However, there shalt be no order as to costs. l 1 I i I I To, 1 2 TJ GJP 3 wP 4914 1023 As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shgll also stand,closed. //TRUE COPY// SD/- T. JAY REE ASSISTANT REG TRAR / SECTION OFFICER . One CC to Sri Challa Gunaranian. Advocate IOPUCI Oqe CC to Sri N. Sreedhar neciOy 1SC for Teldngana'TRANSCO) Advocate IoPUCI . Two CD Copies r HIGH COURT DATED:2810112025 ORDER WP.No.4914 of 2023 CLOSING THE WRIT PETITION WITHOUT COSTS ; 4.6 Z7 ( e o o \ t TASb

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