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 grant an order, direction or writ, morp so in nature of Mandamus, declaring the lmpugned Demand Notice vide Lr.No.SE/OP/CC/HYD/SAO/ AAO(HT)/JAO(HT)/D.No.7077t2025 dated 31.01.2025 issued by Respondent No.2 demanding a sum of Rs.2,36,4'1 ,385-00 (Rupees Two Crores Thirty Six Lakhs Forty one Thousands Three Hundred and Eighty Five only) towards cross subsidy Surcharge FY 2005-2006 lo FY 2014-2015 from the Petitioner, as arbitrary, illegal, in violation of principles of nature justice, besides being violative I I of Petitioners rights guaranteed under Article 14 and 19(1)(g) of the constitution of lndia and in violation of Order dated I 9.1 2.2023 passec by l)ivision Bench of this Honorable High court in wP No.B252 of 2008 and batch and consequently, set aside the same. I.A.NO:1 OF 202s .Petitiol Under section 151 CPC prayilg thal in the circumstances stated in the affidavit filed in support of the petition, the High Couft may be deased to suspend the lmpugned Demand Notice vide Lr.No.SE/OP/CC/HYD/SAo/ AAO(HT)/JAQ(HT)/ 0.No.7077t2025 dated 31.01.2025 issued by the Respondent No.2, in the interest of justice, pending disposal of the writ petltion. Counsef for the Petitioner : SRI ROHIT POGULA Counsel foy tfre Rgspondent Nos.1 & 2 : SRI N.SREEDHAR REDDY' FC FOn SOUTHERN POWER DISTRIBUTION COMPANY OF TELANGANA LIMITED Counsel for the ResPondent No.3 : - Counsgl for the Respondent No.4 : G.P FOR ENERGY The Court at the stage of admlssion made the following ORQER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.8869 OF 2025 ORDER: Aggrieved by impugned demand notice I bearing Lr.No.SE/OP/cClHYD/SAQ/AAQUT)/JAQILTI / D.No.7077 / 2025, dated 31.01.2o25 issued by respondent No.2, directing the petitioner to pay an amount of Rs.2,36,41,385/- towards Cross Subsidy Surcharge, the present Writ Petition is ftled.

2. Heard Sri Rohit Pogula, learned counsel for the petitioner; Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited, for respondent Nos. 1 and 2; and learned Government Pleader for Enerry for respondent No.4. With their consent, this Writ Petition is taken up for disposal at admission stage.

3. Learned counsel for the petitioner submits that the present impugned demand notice dated 31.01.2025, issued by respondent No.2 for payment of Rs.2,36,41,385/- towards Cross Subsidy Surcharge, is contrary to the common order of a Division Bench of this Court d.ated 19.12.2023 in W.P.Nos. 14918 of 2OO6 and batch, wherein, the Division Bench had set aside the impugned demand I 2 notices therein, holding that they were issued in vioiation of the Electricity (Removal of Difficulties) Second Order, 20OS. It is further submitted that in similar circumstances, this Courl. uidr: order dated 2iC.O2.2O25 in W.p.No.5O98 of 2025, directed the respon<lents therein to consider and pass appropriate orders on the representation of the petitioner therein. Therefore, learned counsel for the petitioner seeks permission oi this Court to permit the petitioner to mal{e a representation before respondent No.2 requesting to v,ithdraw the impugned demald notice and not to take further actioh arld respondent No.2 may be directed to consider the sarne and pass appropriate order.

4. Learned Standing Counsel for respondent Nos.1 and 2 fairly submits that upon receipt of representation front tht: petitioner, respondent No.2 will consider the same and pass approprriate orders in aciordance rvith law.

5. Having regard to the submissions made by learned counsel for the respective parties, this Writ Petition is disposed cf permitting the petitioner to mtrke a representation before respondent No.ll ventilating its grieva-nce within a period of one week from the date of receipt of a copy of this order. Upon receipt of such representation, respondent l 7 3 No.2 is directed to consider the same and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of two (O2) weeks thereafter and communicate a copy thereof to the petitioner. Till such time, the respondents are directed not to take aly coercive steps, including that of disconnection of power supply to the petitioner, pursuant to the impugned demand notice uide Lr.No.SE/Op/CClI{yDlSAe/ AAQ(IIT)/JAQ(LLT)/D.No.7O77 /2025, dated 31.O1.2025, issued by respondent No.2. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. //TRUE COPY// SD/.A. SRINIVASA REDDY ASSISTANT REGISTRAR SECTION OFFICER Tq 1 The Chairman and Managing Director, Southern Distribulion Com.pany of ilritua, TSSdDCL corporate office, central Secret4riat' iffs;;; Kharritabad, Hyderabad, Telangana - -500022 .. ihe Superintending Engineer, T-SSPDCL' operation Central Circle' Chandra Vihar Cbmplex, 6th Floor, M.G.Road, Hyderabad The lilanaoinq Director, lnd Bharath Entirgies Limited' Plot No'30-A' Road No 1, Film-NJgar. Jubilee Hills. Hyderabad 500033 ^ . ifr" i"eretrwl Energy Department, At SQcretariat, State of Telgnganq a Hvderabad. ii,;-c0;1" G.P FoR ENERGY, High Court for the State of Tetangala at Hvderabad. (OUT) Oilu CC to S-Rl ROHIT POGULA, Advocate tOe-Ugi. .- 5;; dE io inr ru.snrEDHAR REDDY, sc FoR qourHERN PowER - JiiliieUrioi', Cijrtrprnrlv or rrLerucRNA LIMIrED' Advoaate taPucl .

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