The High Court · 2025

Judgment

2. 3 4 The State of Telangana, Represented by its Principal Secretary, Energy Department. Telangana Secretariat. Hyderabad i"Lnorn, Southein Power Distributioh, Company Limited (TGSPDCL), feq by its" chairman and Managing Director central secretariat, KhairataDad. Hvderabad ffr"- Chi"t General Manager Revenue TGSPDCL, Mind Compound, Hvderabad b'ii"rint.nO"nt Engineer-Operation Circle Vikarabad, TGSPDCL, Vikarabad District ...RESPONDENTS

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 pleasedtoissueanappropriateWritororderordirection,preferablyoneinthe nature of a writ of [Vlandamus declaring the action of the respondent No.4 in disconnecting power supply to the petitioners farm house in respect of connections sc No.F044000568, SC No.F044000567 and sc No.F044000571 0f Bilkal Village, IVlarpally village, vikarabad District which are individual electricity service connections of the petitioner without any dues and even without any notice under the guise of link service as mobile no.98480247 53 of the petitioner connected to electricity service connection of N//s. vivessa lndustries Pvt-Ltd, which is a company limited by shares as illegal, arbitrary, malafide, in violation of the right of the petitioner and the rights guaranteed under the Articles 14, 21' 3004 of the constitution of lndia and consequently set aside impugned .;.-.{Erqe-}T.!d1tl '.ip, '.t' proceeding Memo No. SE/OP/Vikarabad/SAO/Jh(l'(HT) D.no,5319124 dt.06.02.2025 respondent no.4 by directing to restore thr: power supply to the service connections SC No.F044000568, SC No.F:.144000567 and SC No.F044000571 of Bilkal Villa Marpally Village, Vikarabad [)istrict of the petitioner lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Ccurt may be pleased to direct the respondents to restore power supply to the servir;e connection numbers SC No.F044000568, SC No.F044000567 and SC lrl6,.:rQ{{000571 of Bilkal Village, Marpally Village, Vikarabad District of the petitioner Counsel for the Petitioner: SRI N. N. SOMENDRA REDDY Counsel for the Respondent No.1: AGP FOR ENERGY Counsel for the Respondent Nos.2to4: SRI N. SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER I I i I I i i I I THE IION'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.992O of 2o.25 ORDER: This writ petition is hled seeking the following reliel "declaing the action of the respond.ent No.4 in di^sconnecting power supplg to tLE petitioner's farm house in resped of annections in S.C.No.F044OOO568, S.C.No.FO44OOO567 and S.C.No.F044OOO571 of Bilkat Village, Marpallg Village, Vikarabad Di-stict u.thich are indiuidual electicitg seruice connections of the petitioner without ang dues ond euen uitlnut any notice under the guise of link seruice as Mobile No.9848O24753 of the petitioner connected to etedicitg seruice connection of M/ s. Viuessa Industries Priuate Limited uhich is u companA limited bg shares and praAs to set aside impugned proceedings uide Memo No. SE/ OP/ Vikarabad/ SAO/ JAO HD, D.No.53 1 9/ 2O24 dated 06.02-2O25 of respondent No.4 bg directirLg to restore the pouer supplg to tLrc seruice connections in S.C.No.FO44OO0568, S.C.No.F044OOO567 and S.C.No.F044OO0571 of Bilkal Village, Marpallg Village, Vikarabod Distict."

2. Heard Sri N.N. Somendra Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Energr for respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel for respondent Nos.2 to 4.

3. The brief facts of the case are that the petitioner is resident of Hyderabad and living by doing farming and business and as part of his agricultural activilies he own farm house in survey No.B6 of Bilkal Village, Marpally Mardal, Vikarabad District and he has planted Mango 2 and Glrava in his farm house and maintain livestock in the said premises and he has been cultivating said plantar_Lons with the help of two bore wells. It is further stated that the entirr: plantations and live stock are depended on the water drawing from tht: said two bore weils and in additions to the two bore wells, the farn, rouse has electricity connection for storage of food and other purpose{; irnd the three service connections of his agriculture are at Bilkal Villa'3e, Marpally Viltage, vikarabad District under non-domestic/comm ercie I LT2 for farm house and LTS Agriculture two bores and he has been paying consumption charges every month promptly without any drr<:s and used to pay monthly electricity bill to the farmhouse to the abo.re mentioned service numbers and also used to pay electricit5r bill zr nnually as per the demand of the respondent department. 4. The main grievance of the petitioner is thzr-t he is one of the Directors of M/s. Vivessa Industries private Limit:.d by shares having factory at Bilkal Vilalge, Marpally Mandal, Vikara t rd District and the said company has become NPA and the factory is non-operative since charges to 2022 and as a result the said company is unablt,. lo pay consumption the respondent Corporation. How:r,er, the respondent adjusted all the deposits of the c,l-repany and yet the Corporation respondent. corporation claiming further dues ir- d the company is limited by shares the dues payable by the coml:any should not be ./ imposed on his individual connections by respondent corporation. It is 3 further stated that on 28.03.2025 respondent No.4 sent his team consisting Assistant trngineer and others and they disconnected his individual service connections without serving any notice on him based on the impugned proceedings dated. 06.02.2O25 and also stated that officials of respondents highhandedly disconnected his service connections without considering needs of agriculture and livestock situated in his farm house. It is further stated that due to shortage of water his mango plantations wili be dried and in such a situation he will sustain irreparable loss and also stated that due to disconnection of the electricity connections the lives of his stock i.e., buffalos, hens etc,. are in danger.

5. It is further stated that previously when the respondent authorities tried to disconnect power supply to his commercial ofhce situated at 78, 4h floor, Lumbini Jewel Ma1l, Road No.2, Banjara Hills, Hyderabad under the guise of link service to his mobile number with an intent to disconnect the power supply of connection in S.C.No.ASO19963 of USC No. 100404676 uide proceedings dated 06.02.2025 which is under the same cause of action i.e., electricity dues payable by M/s. Vivessa Industries Pvt., Ltd and aggrieved by the said proceedings, petitioner has hled W.P.No.4285 of 2025 wherein this Court granted interim order on I4.O2.2O25 with a direction to respondents not to take \_ 4 any coercive steps disconnecting the subject ele:tricify service uide Service No.A5019963 of USC No.100404676 of tl.rr: petitioner and the same is extended from time to time. It is fu rther submitted that respondent No.4 in order to take revenge passed ir-epugned orders and directed to disconnect power supply to his faim hortse and stated that it is nothing bttt harassment on him even though lhere is no fault on party or due payable to respondents corporat-ir ,n individually and therefore assailing the action of respondents esper:iirlly respondent No.4 in disconnecting power supply to his service con r':ctions he frled this writ pelition. In a counter filed by the respondents it is sr-e:ed that a letter was

6. addressed by SE/OP/Vikarabad/respondenl No.4 to ADE/OP/Vikarabad to veriff the linked services ;Lr.rd disconnect power supply of the linked services which are in the inclividual name of the petitioner which have no dues but for the dues peLyable by HT SC No. VKB 2O91 of M/s Vivessa Industries Private Limit( l which is a private limited company by shares where the petitioner is cne of . the Directors and the respondent company has the details of only the petitioner and do not have any other details of the owners/ si.rare holders of the Company, respondent No.4 has instructed to cli:;connect the linked services which are linked to the Phone Numbe.r:9848O24753 of the petitioner and as stated by the petitioner the c<:mpany has already 5 adjusted the deposited amount but the outstanding arrears as on

31.01.2025 are Rs. 13,19,408/-. 7 . It is further stated that before issuing the order to verify and disconnect the linked services of HT SC No.VKB 2091, Form- A, B and C notices were already issued to the registered address of M/s Vivessa Industries Pvt Limited under Revenue Recovery Act for non-payment of outstanding arrears against the service. It is stated that no illegal means are adopted by these respondents to disconnect the power supply of petitioner's farm house, as alleged by the petitioner, since Form-A, B and C notices were already issued to the registered address of M/s I I Vivessa Industries Private Limited under Revenue Recovery Act for non- payment of the outstanding arrears against HT SC No.VKB 2091 and thus submits that the present writ petition is liable to be dismissed.

8. Having heard both the learned counsel and after perusal of the record, it is clear that as on 31.01.2025 petitioner has to pay an amount of Rs.13, 19,4O8/- towards outstanding arrears and before issuing the order to verify and disconnect the linked services of HT SC No.VKB 2091, Form- A, B and C notices were already issued to the registered address of M/s Vivessa Industries Pvt Limited under Revenue Recovery Act for non-payment of outstanding arrears against the service and thus respondents disconnected the services of the petitioner on the ground of non-payment of outstanding. Therefore, this Court does not frnd any 6 reason or merits in this writ petition and the , ame is liable to be dismissed

8. With the above said observations, this wri1. :retition is dismissed No costs. Miscellaneous applications, pending if any, :;1 'all stand ciosed. /iTRUE COPY// SD/. A. SRINIVASA REDDY ASI}ISTANT REGISTRAR 6 SECTION OFFICER \ To, One CC to SRl. N. N. SOIVENDRA REDDY, Advocett; IOPUCI Two CCs to GP FOR ENERGY ,High Court for the Sr.;rte of Telangana at Hyderabad [OUTI OiE CC tO SRI. N. SREEDHAR REDDY, SC FOR TGI]PDCL[OPUC] Two CD Copies BtV GJP 1 2 4 I HIGH COURT DATED:2210712025 t I ::::.:.:- S:4 ,c -/ ,-:1. ' 2 [ ltP 20fr ,a- \1 .. 'i\"'.\- ORDER WP.No.9920 of 2025 :' :/ ,. ',-./' -/' \ .' .: ;. 1' -.. ,,-u 2' DISMISSING THE WRIT PETITION WIl HOUT COSTS n