The High Court · 2025

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.2 in directing the respondents No. 4 to 9 to club the services and revise the bills with effect from the date of inspection i.e. 25.11 .2023 within (21) days from the date receipt of orders dt.26.1O.2024 and shall file compliance report as illegal, arbitrary, in contrary to Electricity Act 2003, violative of TGSPDCL terms and conditions in violation of Articles 14, 19 , 21 and 300,4 of the Constitution and consequently declare the Notice vide Lr. No. ADEiOp/Tandur D No.4054 dated 20.12.2O23 in Case No. DPEA/KBD/I392123 of respondent No.4 as illegal, arbitrary and set aside the same direction and notice with a direction to the respondents No.4 to 9 to issue fresh current charges notice to the petitioner unit service S No. 2225000396 by deleting back billed and other charges amount. 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 grant interim direction, directing the respondents No.4 to I to immediate restoration of electricity power supply to the Petitioner electricity service SC No. 2225000396 in Survey No.115, Malreddy Pally Village, Tandur Mandal, Vikarabad District, Telangana pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI LAKSHMI KANTH Counsel forthe Respondent No.1 :GP FOR ENERGY counsei for Respondents No.2toe: "*'*Rlt:?|tt REDDY, The Court made the following: ORDER a ORDER: HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT P ITION No.5058 ot 2025 Heard Sri Lakshmikanth, learned counsel appearing on behalf of the petitioner, Iearned Assistant Government Plea<ler for Energy, appearing on behalf of respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.2 to

2. The petitioner approached the Court seeking prayer as under: "...to issue a Writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in directing the respondents Nos.4 to 9 to club the services and revise the bills with effect from the date of inspection i.e., 25.11.2023 within (21) days from the date receipt of orders dt 26-L0-2024 and shall file compliance report as illegal, arbitrary in contrary to Electricity Act 2003, violative of TGSPDCL terms and conditions in violation of Articles L4, !9,21 and 300-4 of the Constitution of India and consequently declare the Notice vide Lr.No.ADE/Opf[andur D.No.4054 dated 2O-t2-2023 in Case No.DPE/VKBD/1392/23 of respondent No.4 as illegal, arbitrary and set aside the / 2 sn,, wP 5058 2025 same direction and notice with a direction to the respondents Nos.4 to 9 to issue fresh current charges notice to the petitioner unit service S. No.2225000396 by deleting back billed and other charges amount and pass...".

3. The case of the petitioner, in brief, is that the petitioner is running stone polishing and calibration business premises in land admeasuring 512.5 sq. yards in Sy.No. 115, Malreddy pally Village, Tandur Mandal, Vikarabad, Telangana. The petitioner had been avaiting power suppty vide SC No. 2225000 396 (43 HP) 3A Industries Category and had been making regular payments in respect of consumption charges. Thereafter the petitioner had gifted land admeasuring 500 sq. yards each to his two sons viz., Kotta Abhilash and Kotta Murari under two separate unregistered gift deeds dated 24.03.202t. Both the sons of the petitioner are running their own business of stone polishing and calibration under different erectricity service connections in the land allotted to them by the petitioner. 3 (i). It is further case of the petitioner that the respondent No.4 without proper inspection had issued Lr.No. ADE/OPlTandur/D.No. 4054, dated 20.L2.2023 assessing back billing of petitioner's electricity service connection SC No. l I a 3 wP 5058 2025 2225000396 by clubbing with two service connection Nos.2236004467 and 2226002754 of the petitioner's sons' The petitioner had submitted a representation dated 0L'02'2024 to the respondent No.7 requesting to assess back billing only with respect to the petitioner's electricity service connection and to drop further proceedings. The petitioner again submitted representations dated 22.06.2024 and 07.08'2024 before the 2nd respondent in pursuance to the notice dated 20'l?-'2023' The 2nd respondent registered C.G. No' 5012024-25IvIKARABAD CIRCLE and passed orders dated 26-10.2024 and partly allowed the case but the respondent No.2 erroneously directed the respondents to club the services and revise the bills lvith effect from the date of inspection i.e. 25.11'2023 within (21) days' Further, the respondent No.2 directed the respondent Nos'4 to 9 to withdraw the back billing case against the subject SC No' 2225000396, however, the respotrdent Nos.4 to t have iilegally issued demand notice dated 06.02.2025 for Rs'5,61,119/- by adding fixed charges including back billed' On 11'02'2025 the respondentshavehighhandedlyandunilaterallydisconnected the electricity supply of the petitioner unit SC No' 2225000396' Aggrieved by the same, the petitioner approached the Court by filing the present writ Petition. 4 wP 5058 2025

4. Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondents submits that against the impugned order dated 26.10.2024 passed by the Consumer Grievances Reddressal Forum-II, Hyderabad vide C.G. No.50/2024-25IVIKARABAD CIRCLE, the petitioner has remedy of preferring appeal to 'Vidyuth Ombusdman situated at First Floor, 33/11 KV Sub Station, Hyderabad, as per clause 3.19 (1) of Regulation 3 of 2015 of TSERC (Now TGERC) ltowever, the petitioner without exhausting the said remedy approached this Court by filing the writ petition and the petitioner may be directed to file an appropriate petition before the .Vidyuth Ombusdman' for the relief as prayed in the writ petition seeking restoration of the power supply disconnected on I1.02.2025 pertaining to the petitioner unit SC No. 2225000396 since the petitioner had failed to exhaust the appropriate remedy available under the statute the petitioner may be directed to approach the 'Vidyuth Ombusdman situated at First Floor, 33/ LL KV Sub Station, Hyderabad for the relief as prayed for in the present writ petition.

5. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by =_---.. ) wP 5058 2025 counsel appearing on behalf of the learned respondents. 6 k ra on: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the respondents' (c) The fact as borne on record that the petitioner did not approach the 'Vidyuth Ombusdman situated at First FIoor, 33lLL Kv sub Station, Hyderabad' against the order dated 26.LO-2O24 as provided under Clause 3'19 (1) of Regulation No.3 of 2015 of TSERC (Now TGERC)' The writ petitaon is disposed of directing the petitioner to approach the 'Vidyuth Ombusdman situated at First Floor, 33/11 KV Sub Station, Hyderabad'against the order dated 26.10,.2024 passed by the Consumer Grievance Reddressal Forum-II, Hyderabad vide C'g' No.SO/2024-25lVikarabad Circle as stipulated in the impugned order dated 26'LO'2O24, within two (2) weeks \ \ t r: To 6 wP 5058 2025 from the date of receipt of the order, putting forth all the pleas as put forth in the present writ petition including the specific pleas for restoration of the electricity supply of petitioner unit SC No. 22250OO396 in Survey No. 115, Malreddy Pally Village, Tandur Mandal, Vikarabad District, Telangana forthwith and upon the petitaoner filing appropraate appeal against the order dated 26.1O.2O24 before the 'Vidyuth Ombusdman, Hyder'abad', the same may be considered expeditiously by 'Vidyuth Ombusdman in accordance to law, tn conformity with principles of natural justice and appropriate orders passed. However, there shall be no order as to costs. The miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// ASSIiIANT REGISTRAR L \i detrrou oFFtcER I SD/.MOHD.ISMAIL , 1. The Principal Secretary (!n^erqV_), Govt. of Telangana, State of Telangana, R^o-om No. 3284, D- Brirck, znt'Fioor, retangi;ai-seiretariat, nyaera"oao-'soo 022 Z !!u Chairman, Consumer Grievance Redressal Forum _ll of TGSpDCL (Greater Hfdjabad Area), Door No. g-3-167iEt1 , Central power Trainino lnstitute (CPT|) premises, reSpOCf_, CrS Corriny, Vlng;i;i;; i,iIs,;: Erragadda, Hyderabad -SOOO45.

3. The Assistant Divisional Engineer, consumer Grievance Redressal Forum -ll 99o^r-l\o..8-3^-lqTEtl,Centiat powerTraining insiitutelCeriiF-*r;"H"' " TGSPDCL, GTS Cotony, Vengat Rao Nagar,EnagadOj, HVO'eiaOJjli"S.

4. The Assistant Engineer, /Opffandur/TGsPDCL/ Vikarabad. 5. The Assistant Divisional Engineer, tOpffandurtTGSpDclruikarabad.

6. The Assistant Accounts Officer, iERO/ Tandur / TGSPDCU Vikarabad. 7. The Divisional Engineer, /Opffandur /TGSPDCL/ Vikarabad Circle. 8. The Superintending Engineer, /OpA/ikarabad Circle/ TSPDCL/ Vikarabad 9. The Divisional Engineer, IDPEI Vtkarabad Circle /TGSPDCL/ Vikarabad

10.One CC to SRI LAKSHMI KANTH, Advocate. [OPUC] 'l 1.Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT]

12.One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL. [OPUC]

13.Two CD Copies. BSK BS \ HIGH COURT DATED:2010212025 \ \ CC TODAY 1t{E STArt ( o 1r 18 l'\[fl ?[25 a- t I Di-ar'r' , I ORDER WP.No.5058 of 2025 DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS L\ \ b\er-