High Court · 2025

lrukulla Santhosh, S/o Rajaiah, Aged about 45 years, Occ. Business (Sri Raja Rajeshwari Hotel), 6-34, Asifabad Town, Kumaram Bheem Asifabad District, Rl/o Paikazi Nagar, Asifabad, Kumaram Bheem Asifabad District. ...PETITIONER AND

1. Northem Power Distribution Company of Telangana Limited, Represented by its Chairman and Managing Director, Kumaram Bheem Asifabad District Head Quarters at Hanamkonda.

2. The Chairman and Managing Director, Northem Power Distribution Company of Telangana Ltd., Kumaram Bheem Asifabad District, Head Quarters at Hanamkonda.

3. The Superintending Engineer, No(hern Power Distribution Company of 4. The Additional Assistant Engineer, Operation, Telangana State Northem Telangana Ltd. Operation Circle, Asifabad District. Power Distribution Company Ltd., Asifabad.

5. The Assistant Divisional Engineer, Operation, Telangana State Northern Power Distribution Company Ltd., Asifabad.

6. The Assessing Officer, ln-charge, ADE/OSD, Telangana State Northem Power Distribution Company Ltd., Asifabad, Kumaram Bheem Asifabad District. ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue, writ, order or direction especially one in the Nature of Writ of Mandamus questioning the action of the respondents 3 to 6 especially the 6th respondent is issuing Provisional Assessment Notice for Theft of Electricity in Case No. DPE/D PAD B/DAD B 2DEl 35203 I 25 a nd D PE/DPA DB I D ADB2DE I 352031 25 dt.15-01-2025 directing the petitioner to pay an amount of Rs.1,85,952/- to the SC No.60527-00697 and Rs.1,93,8'14l- to the SC No.60527-00682 respectively towards electricity charge due to the company without any valid reasons is illegal, arbitrary, unjust, unreasonable and against the principles of natural justice and "i,;" set aside the notices vide case No.DpE/DpADB/DADB2DE/3 5203t25 and DPE/D'ADB/DADB2DE/ 35203125 dt.15-O1-2025 issued by the 6th respondent and consequen'y direct the respondents not to disconnect the erectricity connection of the petitioner's hoter vide sc No.60527-0068 2 and 60527 -00697 (Non Domestic and commerciar of 60527) in which the petitioner is running the hotel in the name and style of Sri Raja Rajeshwara Hoter Asifabad rown, Kumaram Bheem ,Asifabad District in the interest of justice IA 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 respondents not to disconnect the erectricity connection of the petitioner's hoter vide sc No.60527-00682 and 60527-00697 (Non Domestic and commercial of 605:27) in which the petitioner is running the hotel in the name and style of "sri Raja Frajeshwara Hoter" Asifabad rown, Kumaram Bheerh Asifabad District, pending disposal of the main writ petition Counsel for the petitioner: SRl. y. BALA MURALI Counset for the Respondents: SRI A. CHANDRA SHAKER, SC FOR TGN'DCL The Court made the following: ORDER i l HON'BLE MRS. JUSTICE SUREPALLI NANDA w ITP TITIO N No. s566 oF 2025 ORD ER: Heard Sri Y. Bala Murali, learned counsel appearing on behalf of the petitioner and Sri A' Chandra Shaker, learned Standing Counsel for TGNPDCL' appearing on behalf of respondent Nos'1 to 6'

2. The petitioner approached the Court seeking prayer as under: " ...to issue writ, order or direction especially one in the nature of Writ of l'landamus questioning the action of the respondents 3 to 6 especially the 6th respondent in issuing Provisional Assessment Notice for Theft of Electricity in Case No DPE/DPADB/ DADB2DE/352O3/25 and DPE/DPADB/DADBZDE/ 35203/25 dt 15-01-2025 directing the petitioner to pay an amount of Rs.1,85,952l- to the SC No' 60527-00697 and Rs.1,93,8t4/- to the SC No' 60527 - OO 682 respective ly towa rds electricity cha rge due to the company rrrithout any valid reasons is illegal, arbitrary, uniust, unreasonable and against the principles of natural justice and set aside the NO DPE/DPADB/ notices vide Case DPE/DPADB/D ADB2DE/ DAD82DE/352O3/25 and 2 \MP_s566J025 35,a03/25 dated 15-01- 2025 issued by the 6th respondent and consequenfly direct the respondents not to disconnect the electricity connection of the petitioner,s hotel vide SC No 60527-00682 and 60527-00697 (Non Domestic and Commercial ot 60527) in which the petitioner is running the hotel in the name and style of ,.Sri Raja Rajershwara Hotel., Asifabad Town, Kumaram Bheem in the interest oF justice and Asifabad District pass...".

3. The case of the petitioner, in brief, is that the petitioner entered into rental agreement with one Salam Bin Syed Bakarjhum on 16.09.2022 to run the hotel in the name and style of "!iri Raja Rajeshwari Hotel,, and the petitioner is paying regular electricity bills prompfly. On 07.01.2025 the 4th respondent visited the hotel premises of the petitioner and checked two meters vide SC No. 60527_00682 and found that both MRT side sears are tampered and internar cKT is artered and another meter SC No. 69527 00697 for which are MRT side seals OK but internal CKT is altered. Thus, the 5th respondent issued provisional Assessment Notice dated L5.01.2025, directing the petitioner to pay an amc,unt of Rs.1,85,952/- and Rs.1,93,8t4/_ towards Service Nos.60527 ., \tP 5566 2025 00697 and 60527 00632 respectively as electricity charges due to the company. Aggrieved by the said Provisional Assessment Notice dated 15.01.2025, the present writ petition is filed. It is represented by the learned Standing Counsel 4. appearing on behalf of the respondents that the writ petition could be disposed of directing the petitioner to deposit 50o/o of the amount as indicated in the Provisiona! Assessment Notice dated 15.O1.2O25 issued to the petitioner by the 5th respondent herein and upon the petitioner paying 5oo/o ol the amount assessed vide impugned notice dated 15.01.2025, the respondents woutd refer the subject issue to the competent Special Court as mandated under Section 154 (5) of the Electricity Act, 2023 for determination of civil liability of the petitioner by appropriate Court and tilt the appropriate Court decides the subject issue finally, respondents shatl not initaate any coercive steps against the petitioner. i 4 wP 5566 2025

5. The learned counsel appearing on behalf of the petitioner does not dispute the said submissions made by the learned Standing Counset for appearing on behalf of respondent Nos.l to 6. TGNPDCL, 6, Ta ln t c st er (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the tearned counsel appearing on behalf of the petitioner and the learned Standing Counset for TGNpDCL, appearing on behalf of respondent Nos,1 to 6, The writ petition is disposed of directing the petitioner to deposit 5oo/o of the amount assessed as per the impugned provisionat Assessment Notice dated 15.01.2025 issued to the pefftioner by the 6th respondent herein within a period of four (O4) weeks from the date of receipt of a copy of the order and upon the petitioner making the said deposit of 5(.0/o of the amount as indicated in the impugned provisiona! Assessment Notice dated 15.O l.2O2S issued to the petitioner by the 5th respondent herein, the respondents : 1.. 5 wP 5566 202.5 are directed to refer the subject determinationofthecivilliabilityofthepetitionertothe competent Special Court as mandated under Section 154 (5) of the Electricity Act, 2OO3 within a period of four (O4) lveeks thereafter' Till the competent Special Court determines the civit liability of the petitioner underSectionl54(5)oftheElectricityAct,2oo3and passes appropriate orders deciding the subject issue itself the respondents are directed not to.initiate any coercive steps against the petitioner' However' there shall be no order as to costs' As a sequel, the miscellaneous petitions' if any, pending in !!" ut!! Petition shall also stand cl SD/.P. PADMANAB HAREDDY IS ANT REGISTRAR /ITRUE COPY// ECTION OFFICER To, .]i?slsJ*Tl-11,i.$:it3ll3,3,li"3l.%;}"*fi :[I,"8?J.PJi.[::1"4,"j,[?3x ,ip+ffi:dEil.1^,fl$3'['J[?:*li\"H",'.1,'B'i:ili.ll3Ji'ffi'#r?' lt*$ *grog'r'.g**,-* U Sft l X BfiK$HIt'JAIEH: "#E'-1? N p DCL ro P U Cr '-..--+.=:_-'_-. ,3#:-3 l. 9. Two CD CoPies c BM BS t t CC TODAY HIGH COURT DATED:2710212025 ORDER WP.No.5566 of 2025 q J o o * HE ST4T 1 18 l'lAN zOTi t 'tli' .:5- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \s €