High Court · 2025

The State of Telangana, Rep. by its Principal Secretary, Energy Department' Secretariat, Hyderabad. Southern Power Distribution Company of Telangana Ltd, , Office at 6-1-50' ffrfinf CompounO, Central Secretariat,- Khalrtlbad, -Hyderabad, Telangana - sOObOS. C'ep. by'its tVlanaging Director, Sri G. Raghuma Reddy'

3. Superintending Telangana Ltd., M.G. Road, Hyderabad Enoineer. Southern Power Distribution Company of Opeiation Central Circle, Chandra Vihar, Complex, 6th Floor' t ...RESPONDENTS 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 an appropriate writ, order or direction preferably a writ in the nature of Writ of MANDAMUS directing the notice bearing Lr' no' s E/oP/cc/HYDiSAO /AAO( HTyJAO( H.T. ) lO.No.7 07 7 I 2025 d ated 31 I 0 1 I 2025 f or connection bearing no. HT Sc. No. HDC690 issued by the Respondent No.3 at thebehestoftheRespondentNo.2topayanamountofRs.2T,5S,3TBl-(Rupees TwentySevenLakhsFiftyEightThousandThreeHundredandSeventyEight only)towardsallegedcrosssubsidysurchargeaSillegal,arbitrary, unconstitutional, against basic principles of natural justice and therefore liable to be consequently set-aside. 7 lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of lhe petition, the High court may be pleased to issue interim directions suspending the operation of the notice bearing Lr. no. sE/oP/cc/HYD/sAo/AAo(HTyJAo(H.T.y D No.7o77t2o25 dated 31to1t2o2s issued by the Respondent No.3 at the behest of the Respondent No.2. lA NO: 2 OF 2025 Between: 1 . Southern Power Distribution Company of Telangana Ltd, , Office at 6-1-50, Mint Compound, Central Secretaiiat,' Khairtabat, Hydeiabad, Telanqana - 500063. Rep. by its Managing Director, Sri G. Raghum-a Reddy.

2. Superintending Engineer, Southern power Distribution Comoanv of Telangana. Ltd., Operation Central Circle, Chandra Vihar, Complex, Otn Floor, M.G. Road, Hyderabad. AND 1 M/s. B. Sundar Rao Hotels Pvt. Ltd, Office at 4-1-999, Abids Road, lyderabad -500001. Rep. By Belpu Adarsh Rao, S/o. B. ihandrashekhai !qo.fge! 3{ years, Occ Director of M/s. B. Sundar Rao Hotels pvt. Ltd., F/o. 4-1-999, Abids Road, Hyderabad -500001 ...PETITIONER/R.2&3 ...RESPONDENT/PETITIONER 2. The Slate.of Telangana, Rep. by its Principal Secretary, Energy Department, Secretariat, Hyderabad. ...RESPONDENTS/RESPONDENTS Petition under Section 15'1 CPC praying that in the circqmstances stated in the affidavit filed in support of the petition, the High Court rhEy be pleased to vacate the interim Order dated 19.03.2025 in l.A.No. 1 oI 2024 in W.p.No. 7940 of 2025 and pass such further or other orders. Counsel for the Petitioner : SRt VIJAY KUMAR PANUGANTI Counsel forthe Respondent No.1 : GP FOR ENERGY counserrorRespondentsNo'2t3:FSJHT;t$=rt"'.iffi^ft t?Bt The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.7940 0F 2025 ORDER: The petitioner has approached this Court cha'llenging the notice bearing Lr.No.SE/OP ICCIHYDISAO/AAO(HT)IJAO I (D.No.7077 12O25 dated 3L.O1.2025' issued by respondent No'3 at the behest of respondent No'2, demalding a sum of Rs.27,58,378/- towards alleged cross subsidy surcharge in respect of HT Service Connection No. HDC69O'

2. Heard Sri H. Venu Gopal, learned Senior Counsel represents Sri Vij ay Kumar Panuganti, learnbd counsel for the petitioner; learned Government Pleader for Enerry, for respondent No.1 and Sri N. Sreedhar Reddy, te*Lta Stand-ing Counsel for TGSPDCL, for respondent Nos'2 and 3'

3. Learned counsel for the petitioner submits that the illegal, arbitrary, ald impugned demand notice is unconstitutional, and has been issued in violation of the principles of natural justice. He submits that no prior opportunity was grartted to the petitioner before raising such a demand, and that the surcharge is not legally sustainable in the facts of the case. Hence, the impugned notice be set aside and the respondents be restrained from taking any coercive steps pursualt to it.

4. In response, learned Standing Counsel for respondent Nos.2 and 3 submits that the demald has been raised in accordance with applicable tariff orders and prevailing regulations. He submits that that the notice is only a preliminary communication, and that the petitioner has the right to file objections, which will be duly considered after affording the petitioner a personal hearing opportunrty. He further submits that the respondents will not take any final decision without foilowing the due process.

5. Having regard to the submissions made by toth parties and without expressing any opinion on.the merits of the case, this writ petition is disposed of by granting liberty to the petitioner to submit its objections to the impugned demand notice dated 31.O1.2025 before respondent No.3 within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such objections, the respondents shall consider 3 the same and, after affording a personal hearing opportunity to the petitioner, pass an appropriate order in accordance with law within two weeks thereafter. Till such time, no coercive action be taken against the petitioner. No costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed //TRUE COPY// SD/. S. MALLIKARJUNA RAO ASSISTANT REGISTRAR secB8forHcen To, secretary' Energv Department, secretariat, state of retangana, ' Il:"?:UUal 2. The Managing Director, Sri G.Raghuma Reddy, Southern power Distribution Company of Tetanoana Ltd,. , Offi;e at O-t -SO, 'lfliniCorpolia, b#i;i".,", , Secretariat, Khairttbad, uyoeranao, ieiars;;j":"6bboog.

3. The Superintending Engineer, Southern power Distribution Company of Tetansana Ltd.' ooerati-on centraf ciicie, ciiinirr"unrr, cJrpi5i,6t['rroor, M.G. Road, Hyderbbad

4. One CC to SRt VtJAy KUMAR PANUGANT|, Advocate. IOPUCI 5. Two CCs to Gp FOR ENERGY, High Court fqr the State of Tetangana. [OUT] 6. One CC to SRt N.SREEDHAR REDDY, SC FOR TGSPDCL. tOpUCI r 7 Two CD Copies. BSK o. VL HIGH COURT DATED:0310912025 ORDER WP.No.7940 of 2025 CC TODAY rif- sLi I ( 1 C slP 2025 :) t-- ir-:, -t:.. '{ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS