High Court · 2025

Petition under Article 226 of 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 direction more particularly one in the nature of Writ of Mandamus declaring the Act of the Respondents as arbitrary, illegal and against the law of natural justice and Quash the provisional assessment notice issued with an allegation for the theft of electricity vide, Case Nq DPE/RJNR/SD0111929125 Dated 05-02-2025, without following the due procedure of law without conducting any inquire and hearing the Petitioner as per section 126 (3) of the Electricity Act 2003 and providing any chance to the Petitioner to explain and submit his defense without following the law of natural justice 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 No 1 to 4 to RESTORE the electricity rsupply to the premises bearing No.'15184, Mohsin Colony, Balapur, R.R. Distrrct, runnirlg 2 function hall by narne PARADISE FUNCTION HALL disconnected as per the provisional assessment notice issued with an allegation for the theft of electricity vide, Case No.DPE/RJNRlSD01l1929125, dt.05.02.2025 without following the law prescribed in Section 126 (2) (3) and (5) of the Electricity Act, 2003, pending disposal of the Writ Petition Counsel for the Petitioner: SRl. SYED AHMED ALI Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos. 2to4: SRI N. SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER $ C.j HON'BLE MRS. JUSTTCE SUREPALLI NANDA w T PETITION No.6508 oF2 025 ORDER: Heard Sri Syed Ahmed Ali, learned counsel appearing on behalf of the petitioner, tearned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1, and Sri N. Sreedhar Reddy, learned Standing Counse! for TGSpDCL, appearing on behalf of respondent Nos,2 to 4.

2. The petitioner filed the writ petition seeking the following relief : "... to issue a writ or direction more particularly one in the nature of Wrlt of Mandamus declaring the Act of the Respondents as arbitrary, illegal and against the law of natural justice and euash the provisional assessment notice issued with an allegation for the theft of electricity vide Case No DPE/RJNVSD01/ 1929/25 Dated 05.02.2025 without following the due procedure of law without conducting any inquire and hearing the Petitioner as per section 126 (3) of the Electricity Act, 2003 and providing any chance to the Petitioner to explain and submit his defence without following the law of natural justice and pass...,,. I 2 wP 6608 2025 3. The case of the petitioner in brief, is that the petitioner is the owner and possessor of the premises bearing No.15/84, situated at Mohsin Colony, Balapur, R.R. District and petitioner had been running a function hall in the said premise by name Paradise Function Hall. The petitioner was issued with provisional assessment notice alleging theft of electricity vide case No. DPE/RJNR/SD0L/1929/25, dated 05.02.2025. The Petitioner herein submitted his detailed explanation to the respondent Nos.2 to 4 on 25.02.2025, but the respondent authorities without following due procedure under Electricity Act, 200:l disconnected the electricity supply of the petitioner':; premises and refused to restore the electricity supply until and unless petitioner pays half of the assessed amount i.e., Rs.8,19,254/-. Aggrieved by the said notice dated 25.02.2025, the present writ petition is filed.

4. Learned counsel appearing on behalf of the petitioner submits that the impugned provisional assessment notice dated 05.02.2025 had been issued to the petitioner alleging theft of electricity without conducting any enquiry and without providing reasonable opportunity to the petitioner as 3 wP 6608 2025 mandated under Section 126 (3) of the Electricity Act, 2003 and the same is illegal and arbitrary, since no reasonable opportunity was provided to the petitioner to explain and put forth petitioner's case. Hence the said impugned provisional assessment notice dated 05.02.2025 issued by the 4rh respondent needs to be set aside in the interest ofjustice.

5. Learned Standing Counsel for TGSpDCL appearing on behalf of respondent Nos.2 to 4 submits that the procedure.as mandated under the Electricity Act, 2003 had been followed and therefore, all the pleas put forth by the petitioner in the present writ petition can be adjudicated before the competent Special Court under Section 154 (5) of the Electricity Act, 2003 and the petitioner therefore, is not entifled for the relief as prayed for in the present writ petition j

6. Takino into consideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions of the tearned counsel appearing on behalf of the petitioner, the learned Standing Counsel for TGSpDCL, appearing on behalf of r+ c a 4 w _6608 _2025 respondent Nos.2 to 4 and the learned Assistant Government pleader for Energy, appearing on behalf of respondent No.l, ' SN, (c) The contents of the provisional assessment notice dated O5.O2.2025 issued to the petitioner by the 4th respondent herein, rmpugned DPEIRJNR/ (d) Section 154 (S) of the Etectricity Act, 2003, The writ petition is disposed of directing the petitioner to pay SOo/o of the amount as indicated in the provisional assessment notice vide No. sDOl / 1929 / 25, dated O5.O2.202s of the 4th respondent issued to the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order. Upon the payment oJ SOo/o of the amount assessed as indicated in the impugned provisional assessment notice vide No. DpElRJNR/S DOI/]ig12g/25, dated 05.02 "2O25 ol the 4th respondent issued to the petitioner, the 4th responCent shall forthwith restore the power supply to the petitioner,s premises bearing No.15/84, Mohsin colony, Batapur, R.R. District. The respondents within four (o4) weeks thereafter '"ryZ 5 wP 6608 2025 directed to refer the subject issue under Section 154 (5) of the Electricity Act, 2OO3 to the competent Special Court for determination of civil liability of the petitioner. Till the Special Court decides the subject issue adjudicating the same under Sectaon 154 (5) of the Electricity Act, 2OO3 by passing appropriate orders in accordance to law, in conformity with principles of natural justice as mandated under Section 154 (5) of the Electricity Act, 20O3, the respondents shall not initiate any coercive steps against the petitioner pursuance to the impugned provisaonal assessment notice vide No. DPE/RJNR/ SDOllL929l25, dated 05.02.2025 of the 4th respondent issued to the petitioner. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. SD'-P. A PADM I T$+"-EI.EFRRX //TRUE COPYI/ ECTION OFFICER To, Director TGSPDCL ' MINT COMPOUND' Assessments / OPeration' TGSPD CL

1. The C SAIFA 2. THE S hairman T S HYD BAD, GINEER, UPE RITEN MehdiP atnam ,HY derab ad, TG al , And Managt ERABAD, DING EN J Nalann ag THE D OPERAT ION, MA rvlslo NAL EN MID IPALLY, $.- GINEER, TGSPDCL, KANDUPUR VILLAGE, Canga Reddy Dist Y i iy.{#il$f i='*T ltb'ffiffilit*:',, fff Tfi ;:, ", 6 i,l333 3":[! N SREEDHAR REDDY, sc FoR rcspDCL lopucj BM BS ar r'.,F:::l::; -35ra-:. !(t.r.. r,:t-,tr-i -,--_-=r-=I CC TODAY I I HIGH COURT \ \ DATED:05103t2025 ORDER WP.No.6608 of 2025 e S rArC 1rt , 2 6 ll\l.fl 2ff6 ;1 * 'a f, .J o DISPOSING OF THE WRIT PETITION WITHOUT COSTS (t- aulsl, \\