High Court · 2025

Petition under Article 226 ot the Constituiion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in not following the due process of law and issuing disconnection notice dl.1i.2.2O2S thereby disconnecting the power supply to the petitioners service connection bearing No. M3-9491 of premises bearing D.No. 19-2-21 1/C, Ramnasthpura, Near Zoo patk, Hyderabad, without issuing any show cause notice and without considering petitioners representation dt. 22.1 .2025 as illegal, arbitrary, contrary to law and in violation of principles of natural justice and consequently direct the respondents to forthwith restore power supply to the petitioners SC.no. M3-949'l , 1 1A NO | 10F 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 to direct the respondenls to forthwith restore power supply to the petitioners service connection No.M3-9491 of premises bearing D.No. 19-22-1 1/C, Ramnasthpura, Near Zoo park, Hyderabad, pending disposal of the above writ petition Counsel for the Petitio'ner: SRl. PRAMOD SINGH Counsel forthe Respo'ndents: SRI N. SREEDHAR REDDY, SC FORTSSPDCL The Court made the following: ORDER t l HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.474l of 2025 ORDER: Heard Sri Pramod Singh, learned counsel appearing on behalf of the petitioner and Sri N. Sreedhar Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:- "...to issue any writ order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in not following the due process gf law and issuing disconnection notice dated 15.O2.2025 thereby disconnecting the power supply to the petitioners service connection bearing No.M3-9491 of premises bearing D.No.19-2-211/C, Ramnasthpura, Near Zoo park, Hyderabad, without lssuing any show cause notice and without considering petitioners representation dated 22.0L.2025 as illegal, arbitrary, contrary to law and in violation of principles of natural justice and consequently direct the respondents to forthwith restore power supply to the petitioners SC.No.M3-949t and to pass such order or orders as this Hon'ble Court deems fit just and proper in the circumstances of the case."

3. The case of the petitioner, in brief, is that the petitioner Industry is manufacturing Ice Blocks and it is located in premises bearing D.No.19-2-2Il/C, Ramnasthpura, Near Zoo Park, 2 Hyderabad. Tlre petitioner obtained LT Category III service connection bearing No.M3009491 from the respondents. The petitioner haC been paying electricity bills to the respondents r:egularly. The respondents had not complied with the order dated

08.10.2014 pal;sed in W.P.No.5451 of 2005 as on date and issued impugned noti(:es dated 17.01.2025, 28.01.2025, 15.02.2025 and disconnected tl.re power supply of the petitionr:r's premises. The petitioner ma Ce a representation to the respondents on

22.01.2025 anC the same had not been considered as oh date. Aggrieved by the same, the petitioner filed the present writ petition. t

4. Learned counsel appearing on behalf of the petitioner submits that in pursuance to the notice dated 17.01.2025 calling upon the petitioner to pay electricity consumption charges dues of Rs.89,B3B/-, and the notice dated 15.02.2025 calling upon the petitioner to pay an amount of Rs.12,23,577/- towards electrical consumption charges dues, the petitioner vide detailed representation dated 22.07.2025 addressed t,c the respondent No.4 herein referring to the earlier orders of this Court passed in W.P.No.5451 01'2005 and W.P.No.16862 of 2022 in favour of the petitioner herein stated that the petitioner is ready and willing to 3 pay Rs.2,26,448/- and requested the respondents to accept the same. To the shock of the petitioner, the petitioner received notice dated28.0l.2025callinguponthepetitionertopayelectricity consumption charges of Rs.12,23,577/- and another notice dated 15.02.2025 calling upon the petitioner to pay electrical consumption charges to a tune of Rs.1'2,23,577/-' Learned counsel appearing on behalf of the petitioner further 5 submits that the notices dated 2B'01.2025 and 15'02'2025 had beenissuedinclearviolationofordersoFthisCourtd.ated 08.10.2014 passed in W.P.No.5451 of 2005 and therefore the petitioner is entitled for the relief as prayed for in thgpresent writ petition.

6. Learned counsel appearing on behalf of the respondents doesnotdisputethesaidsubmissionmadebythelearnedcounsel appearing on behalf of the petitioner' PERUSED THE RECORD. 7 e 5 u d LO.2 t4 L f 2005 e u r "When the petitioner was paying small amounts for the electricity consumed, if the respondents want to collect arrears on any ground, they should have issued a notice to \ & 4 the petitioner instead of showing certain lurnpsum amount in the cUrrent monthly charges. In the circumstances, the demand of Rs.1,10,817l-towards arrears in the monthly bill issued on 08.03.2005 is deferred and the rerspondents are at liberty to issue a notice to the petitioner \/vithin a period of three months from the date of receipt of a copy of this order anrj the petitioner should be given an opportunity of submitting representation on the notice with regard to payment of arrears and after receipt oF the representation, the respondents may pass appropriate ord€rs, basing on which a decision may be taken for recovery of the arrears.., 8- on perus;ar of the record, it is evident that the ordeis of this court dated 08.10.2014 passed in w.p.Ato.5451 of 2005 admittedly had not been complied with and the present impugned disconnection rrotice dated rs.o2.2o2s had br:en issued to the petitioner, which is extracted hereunder:_ "please take notice that power Suppl.y to your SC No.M3-94!)1-III has been disconnected today i.e. on 75.O2.2O2:j at ...Hrs. at Meter ReadiRg F/R 7745Ot kvah for non-payment of electrical consumption charges dues of Rs.72,23,577/- as on 15.02.2025. io. obtaining reconnection of supply, you have to . clear the dues and obtain the reconnection order from AAO/ERO III Nayapul of Operation Circle South Hyderabad. If yc,u avail power supply illegally you are liable for prosecutior as per Indian Electricity Act, 1910. M3-10431-III M3-9477-Lil M3-10216-III"

9. Ta ati n 5 (a) The aforesaid facts and circumstances of the case, (b) The submissions put forth by the learned counsel appearing on behalf of the petitioner, (c) The fact as borne on record that the specific directions issued vide order dated O8.1O.2O14 passed in W.P.No.5451 of 2OO5 had not been complied with as on date, The writ petition is allowed. The present impug4ed proceedings dated 15.02.2025 had been issued hastily in clear violation of principles of natural justice and also in violation of the earlier orders of this Court dated (

08.1O.2O14 passed in W.P.No.S45L ol 2OO5 and the same is declared as illegal and is accordingly set asade. The respondent No.4 is directed to consider the detailed representation of the petitioner dated 22.OL.2O25 submitted by the petitioner to the respondent No.4 herein \ I in pursuance to the impugned notice dated 17.O1.2O25 and 15.()2.2025 issued to the petitioner by the respondents herein, in accordance to law, in conformity with the principles of natural justice by giving an opportunity of I I personal hearing to the petitioner within a period of one (1) 6 week from thrs date of receipt of copy of this order and pass appropriate orders. The respondents are directed not to initiate any coercive steps against the petationer in pursuance to the iinpugned notice dated 15.02.2025 issued to the petitioner till appropriate orders are passed as per the directions as issued as above within the time period as stipulated as above. The resp,ondents are further directed to consider the request of the petitioner pertaining to the restoration of power supply to the petitioner's service connection bearing No.M3-9491 of premises bearing NQ:L9-2-2LL/C, Ramnasthpura, Near Zoo Park, Hyderabad, within a period of one (1) w.:ek from the date of receipt of copy of this order. Howevclr, there shall be no order as to costs. M iscella neo us petitions, if any, pending shall stand closed. \ To, //TRUE COPY// SD/. MOHD. SMAIL ASSISTANT REG STRAR SECTION OFFICER ,ll3"At"3:,ant

1. The Superinbndino Engineer (Operations)Southem Power Distribution ^ g,ompgny of rs td., Hl-ydera-bad_South circle, Mint compound, Hyderabad. , i\ccouhts officer-ERO lll, TGSPDCI, Salarjuhg, Nayapul, S IIq _Additional Divisional Engineer (Operations), Miralam Sub Division, . g,!arTl'r?r. Divisi rn, TGS pDCL,-Hyderabab. -|13",:L':::ffi1"mn;:""' (operitions) TQSPDcL, sararjuns, charminar, ! ltrc $igstant En!ineer, Operations Chandulal Baradari, Hyderabad 9. 9ne q91o -SIt !. gne CC to SRt N. SREEDHAR REDDY, SC FOR TSSPDCL topucl 8. Two CD Copies p-RAMoD brrucn, Advocate topucl BM' '**;*- I q ,F-- HIGH COURT DATED:251021i1025 ORDER WP.No.4741 o1= 2025 I CC TODAY SlATE { q o .o $'l $$'., {1 (' l -t.,.t's t\)' ,,,/ " ---;; 2- ,i' a ALLOWING TIHE WRIT PETITION WITHOUT COSTS