Yerra Chander Shekar Goud v. I The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of the 4th respondent passed final Assessment Order No.DE/OP/Sainikpuri/P.No.FAO/D.No.45Bl24-25, dated 21-05-2024, for demanding of electricity charges al Rs.3,77,211i- against the orders appeal is pending before the 3rd respondent and the respondent authorities in disconnecting the power supply to the connections of SC Nos. 0839 17574 and 0839 17575, Situated at in Survey No.530/A, 532, 533, Ram Das Nagar, Kapra Mandal, Medchal-Malkajgiri District, as arbitrary, illegal, highhanded and violative of principles of natural justice and set aside the same and consequently direct the respondents to restore the power supply to the above connections. 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 may be pleased to direct the respondents to restore the power supply to the connections of SC Nos. 0839 17574 and 0839 17575, Situated at in Survey No.530/A, 532, 533, Ram Das Nagar, Kapra Mandal, Medchal-Malkajgiri District, during the pendency of the above writ petition. Counsel for the Petitioner: SRI METTU SHANKAR Counsel for the Respondent No.1: AGP FOR ENERGY Counsel for the Respondent No.2 to 5: SRI N.SRIDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIoN No.4923 of 2o25 ORDER: Heard learned counsel appearing for the petitioner and Sri N.Sridhar Reddy, learned Standing Counsel for TGSPDCL appearing for the respondents and perused the material on record. The Writ Petition is hled aggrieved by the action of the

2. respondent No.4, who passed final Assessment Order No'DEl OP/ Sainikpuri/ P. No. FAO / D -N o -458 I 24 -25, dated 2 |'O5'2O24 for demanding of electricity charges at Rs'3,77,2111- and disconnected the power supply to the connections of SC.Nos.083917574 and 083917575 in Survey Nos'530/A' 532 and 533 situated at Ram Das Nagar, Kapra Mandal, Medchal- Matkajgiri District, though an appeal of the petitioner dated

03.06.2024 is pending before the respondent No'3' Learned counsel for the petitioner submits that the 3. petitioner is the proprietor of "Yerra Latitha Gardens" in Sy.Nos.53O/A, 532 and 533 situated at Ram Das Nagar, Kapra \\ I I I 2 Mandai, Medchal-Malkajgiri District, running the same beside the function hall named "Yerra Srinivas Gardens". which is belongs to the brother of the petitioner. While it being so, the respondent No.5 issued Assessment for Back Billing uide Lr.No.ADE/OP/ Sainikpuri/MATS/1676/2024, dated

27.O2.2O24 allegrng that two services are clubbed into a single service No.083917575 and the Back Billing is proposed under HT-2 Category from March, 2023 to February, 2024 and the Revenue loss to the company has been assessed at Rs.3,78,394/- for the period of 07.O3.2023 to 07.O2.2024. With regard to the sarne, the petitioner has submitted his explaration to the respondent No.4 on 1a.O3.2O24 along with relevant documents

4. Learned counsel for the petitioner further submits that after submission of explanation of the petitioner, the respondent No.3 has issued Final Assessment Order No.DE/ OP/ Sainikpuri/ P.No. FAO / D.No.45B I 24 -25, dated 2 1 .O5.2O24 by confirming the liability for payment of electricity charges at I Rs.3,77,211/- + Rs.1,183/- towards electricity charges + Rs.0.0 towards incidental charges including GST.

5. Learned counsei for the petitioner further submits that the petitioner has filed a detailed representation dated

03.06.2024 to the respondent No.3 in response to the final notice and the same was treated as an appeal against the Final Assessment Order dated 2l .O5.2O24. Consequently, the respondent No.3 has issued a letter to the petiti oner uide lettet No.SE/OP/ Habsiguda/Comml/ D.No. 47 5 I 24-25,

05.06.2024 for the payrnent of receipt ol 5O"/o Final Assessment Order amount for considering the appeal of the petitioner. Thereafter, the petitioner has deposited an amount of Rs.1,89,197/- through Banker's Cheque No.204919, dated O8.O7.2024 in favour of the TGSPDCL

6. Learned counsel for the petitioner further submits that without disposing of the appeal filed by the petitioner, the respondents disconnected the power supply of the petitioner on

17.02.2025 and the same is illegal and arbitrar5r, hence, requested this Court to allow the writ petition by directing tbe 4 respondents herein to restore the power supply to the connections of SC.Nos.Oa3917574 and O83917575 in Survey Nos.530/A, 532 and 533 situated at Ram Das Nagar, Kapra Mandai, Medchal-Malkajgiri District, till the disposal of the appeal filed by the petitioner.

7. Learned Standing Counsel for TGSpDCL appearing for the respondents not disputed with the appeal of the petitioner, which is fi1ed along with Banker's Cheque dated O8.OT.2O24

1. e. depositing 507o amount of Final Assessment Order and requested to pass appropriate orders.

8. After hearing both sides and on perusing the entire material of the record, this Writ Petition is disposed of directing the respondents to restore the power supply to the connections of SC.Nos.O83917574 and 083917575 in Survey Nos.53O/A, 532 and 533 situated at Ram Das Nagar, Kapra Mandal, Medchal-Malkajgiri District, forthwith alrd further directed the respondent No.3 to dispose of the appeal filed by the petitioner dated O3.O6.2024 within eight (O8) weeks from the date of 5 receipt of copy of this order and communicate the same to the petitioner. No order as to costs. To,

9. Miscellaneous petitions, il any, pending in this Writ Petition shall also stand closed. SD/. T. CHANDRA SEKHAR REDDY TANT REGISTRAR AS //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Energy Department, Dr. B R Ambedkar Secretariat, Hyderabad, Telangana, State of Telangana.

2. The Chairman and Managing Director, Telangana State Southern Power Distribution Company Limited, Mint Compound, Hyderabad, Telangana.

3. The Superintending Engineer, (Operation), TGSPDCL, Habsiguda Circle, Uppal X Road, Hyderabad.

4. The Divisional Engineer, (Operation), TGSPDCL, Sainikpuri Division, Medchal Malkajgiri District.

5. The Assistant Divisional Engineer, (Operation), TGSPDCL, Sainikpuri Division Medchal Malkajgiri District.

6. One CC to SRI METTU SHANKAR, Advocate [OPUC] 7. One CC to SRI N.SRIDHAR REDDY, SC FOR TGSPDCL [OPUC] B. Two CCs to GP FOR ENERGY, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Cop BSR HIGH COURT DATED: 1910212025 GC TODAY ( I o\t ORDER WP.No.4923 of 2025 I 11E sTA re: 1s ttB 2m f ' ft,? I \+ * D r- ': ^ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ \.1 k- lP