HyaLraui[ v. SouthernPowerDistributionCompanyofTelang-an-a^Ltd

Petition under Article ?26 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order or orders or writ or direction more particularly one in the nature of writ of Mandamus declaring the actron of Respondents in issuing demandsforpaymentofCrossSubsidySurcharge(CSS)fortheFY2005-06to 2014-15 vide Lr.No SE/OP/CC/HYD/SAO/AAO(t lT)/JAO(HT)iD.No.707712025, dt.3'l .01.2025, issued by the 2nd Respondent, purported to be based on the Tariff order dt. 30.08.2024 issugd by the Telangana Electricity Regulatgry commission determining the cSS for FY 2005-06-2014-15, as arbitrary, illegal, contrary to the Judgementdl,19.12.2023ofthisHon,bleCourtinW.P.No.14918of2006and balch, provisions of the Electricity Act, 2003, besides being violative of the petitione/s rights guaranteed under Article 't4, t9(1Xs) of the conslitution of lnflia and consequently set aside the same' t lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the Respondents not to take any coercive steps inQluding that of disconnection of power sUpply pursuant to the demand notice vide Lr'No.SE/oP/CC/HYD/SAo/A,Ao(HT)/JAO(HT)lD.No.7O77t2o25,dt,31'012025 issued by the 2nd Respondent. Counsel for the Petitioner: SBI MADAS BHARATH CHANDRA counsel for the Respon{qntsi .s-t !.1[E-ED-TS[eqOv (SC F9R TELANGANA TRANSCO) The Court made thg follqwing: ORDER --j'

4.Il ORDER: L THE HON'BLE SRI JUSTICE PULLA KARTHIK W.P.No. 10699 of2O2S With the consent of both the parties, this writ petition is taken up for disposal at the stage of admission' 2 The writ petition is filed with the following prayer: "To pass al order or orders or writ or direcLion more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents in issuing demands for payment of Cross Subsidy Surcharge (CSS) for the FY 2005-06to2014-15videLr.No'SE/OP/CClHYD/SAo/AAO(HT}/JAO(HT)/ D.No.7O77 /2025 dated 3f .01'2025 issued by the 2"d Respondent' purported to be based on the Tariff Order dated 30 OA '2024 issued by the Telangala Electricity Regulatory Comrnission determ.rning the CSS for FY 2005-06 - 2Ol4-15 as arbitrary, illegal, contrary to the judgrnent dated 1g.L2.2O23 of this Court in W P No 14918 of 2OO6 and batch' provisions of the Electricity Act, 2O03 besides being violative of the petiLioners rights guaranteed under Article 1a, 19(1)(9) of the Constitution of India and consequentlY set aside the same"'

3. Heard the learned counsel for the petitioner and Sri for TGSPDCL for N.Sreedhar Reddy, learned Standing Counsel respondents and perused the record' t

4. Today, when the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by the order dated 18'3'2025 passed 2 by this Court in W.P.No.8129 of 2025. The same is not seriousiy disputed by the learned counsel appearing for the respondents

5. In view of the above, for the reasons alike in the order dated

18.3.2025 in W.P.No.S129 of 2025, this writ petition is disposed of directing the respondent No.2 to consider the representation of the petitioner dated 19.3.2025 and pass appropriate orders thereon strictly in accordance with law, as expeditiously as possible, preferably within a period of three weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner. Till such time, the respondents are directed not to take any coercive steps, including that of disconnection of power sr-rppiy to the petitioner, in pursuance of the impugned demand notice vide Lr. No. SE/ oP / CC I HY D / sAo /AAo(Hr) / JAO(HT) / D. N o.Z 07 7 I 2o2S dated 31.1.2025 issued by respondent No.2. Miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/-L. VIJAYA LAXMI ASSISTANT REGISTRAR sEcIoN df'rrcen

1. The Chairman and Managing Director, Southern Power Distribution Company of Telangana Ltd., (TGSPDCL), R/o. 6-1-50, Mint Compound, Hyderabad. Telangana - 500 063.

2. The S-uperintending Engineer, Operation Central Circle, TGSPDCL, Chandra Vihar Complex, 6th Floor, M.G. Road, Hyderabad, Telangana

3. One CC to Sri Madas Bharath Chandra, Advocate [OPUC] 4. One CC to Sri N Sreedhar Reddy (SC for Telangana Transco) [OPUC] 5 Two CD Copies To, TJ BS (Along with the Copy of Order dated 18.03.2025 ln W.P'No.8129 9t 20251 {,-. .]tl .l}r,*ir ti& -r=rq!i.,,3:'*+'*-- w:1 r HIGH COURT DATED:1610412025 I .,< ,. ' t-- .^ a, s.r,6 STAT{ ( 1 1\ f, [ 0 \riri ?tirr . :' ..4 J i. r r1:t\" ;l ORDER WP.No.10699 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 l"/ r THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.8129 of 2o25 ORDER: Aggrieved by impugrred demand notice bearing Lr.No. SE/ OPIRJN/ SAO/AAO/JAO/ HT/ D.N o. 59 t - t7 / 25 d,ated O3.O2.2O25 issued by respondent No.2, directing the petitioner to pay arr amount of Rs.35,83,774/- towards Cross Subsidy Surcharge, the present Writ Petition is filed.

2. Heard Sri Deepaft Chowdary, learned counsel for the petitioner ald Sri N. Sreedhar Reddy, learned Standing Counsei for Telangana State Southern Power Distribution Company Limited, appearing on behalf of respondent Nos.l and 2. With their consent, the writ petition is taken up for disposal at admission stage.

3. Learned counsel for the petitioner submits that the present impugned demand notice dated O3.O2.2O25, issued by respondent No.2 for payment of Rs.35,83,774/- towards Cross Subsidy Surcharge, is contrary to the common order of a Division Bench of this Court dated

19.12.2023 in W.P.Nos.14918 of 20O6 arrd batch, wherein, the Division Bench had set aside the impugrred demand notices therein, holding that they were issued in violation of tlre Electricit5z (Removal of Difficulties) 2 PK, J W P.No.g129 oI2025 Second Order, 2005. Therefore, the petitioner submitted its representation to respondent No.2 on 24.O2.2025, requesting to withdraw the impugned demand notice and not .to take any further action. However, the said representation is pending consideration. It is further submitted that in similar circumstances, this Court vide order dated 2O.O2.2O25 in W.P.No.5O98 of 2025, directed the respondents therein to consider and pass appropriate orders on the representation of the petitioner therein. Therefore, learned counsel for the petitioner prays this Court to pass a similar order in the present wnt petition also.

4. Learned Standing Counsel for respondent Nos.I and, 2 fatrly submits the respondent No.2 will consider the representation of the petitioner dated 24.02.2025 and pass appropriate orders in accordance with law.

5. Having regard to the submissions made by learned counsel for the respective parties, the Writ Petition is disposed of directing respondent No.2 to consider the representation of the petitioner dated 24.02.2025 and pass appropriate orders thereon strictly in accordance with law, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of a copy of this order, and communicate a copy thereof to the petitioner. Till such time, the respondents are directed not to take any coercive steps, including that of disconnection of power 3 PK, J W.P.No.8129 oJ 2025 supply to the petitioner, in pursuance of the impugned demand notice vide Lr.No.SE/OP/RJN/SAO/AAO/JAO/HTlD.No.59t-17 /25 dated O3.O2.2O25 issued by respondent No.2. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. Date:18.O3.2025 GSP JUSTICE PULLA I(ARTHIK