High Court · 2024

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in ttre ittiOavit filed therewith' the High Court may..be pi"ri"J i" tll lssue a writ, ttO"t o|. direction in the nature of certiorad' setting l"iJ" tn" demand notices OateO 22 July 2024 and 7 Decembet 2024 issued by Respondent Nos. 1 and 2 to the Petitioner - IA NO: 10F 2025 Petition under Section 151 cpc praying that in the circum;tances stated in the affidavit filed in support of the petition, tt'.-Hign court may be preased to tsiue an appropriate crder or direction that no coercive steps be tai<en Petitioner in pursuance of the demand notices dated 22 Jt.ry zoii iio" i "g"in.iih" December 2024 issued by Respondenl Nos. 1 and Z,-Ouring tn" j"nOun"y oi1n" present petition; pursuant to the lmpugned Order and impugned Notice to piss lA NO: 2 OF 202 5 Petition under Section 151 cpc praying that in the circumstances stated in the affidavir firecr in support of the petitio;, ihe Fiigh may, be preased to. lssue an appropriate order or direction siaying tEe iperation of the demand notic'es dated 22 Jury 2024 and 7 December 2oI+ i"rrla uv n..poni"ni*or. i and 2, durinq the rrendencv of the present petition puriuant to the rmpugned order and lmpugned Notice to pjss -"ourt Counsel for the Petitioner: M/S pOOJ|THA REpRESENTTNG FORt Counsel for the Respondent Nos.1 to 3: SRI N. SREEDHAR REDDy SRI. HARSHAVARDHAN ABBURI SC FOR TGSPDCL Counsel for the Respondent No.4: Gp FOR ENERGY Counsel for the Respondent NOs.5&6: __ The Court made the following: ORDER ( - THE HON'BLE SRI JUSTICE PULLA KARTHIK ':' f WRIT PETITION No.11759 OF 2ol25 ORDER: Aggrieved by impugned demand notice bearing Lr.No.SE/OP/B'Hills/Hyd/SAO/JAO/HT/F.Demand Notice/ D.No.146/24, dated 22.07.2O24 issued by respondent No.2, directing I the petitioner to pay an amount of Rs.4,76,O1,37O/- towards Cross Subsidy Surcharge, the present Writ Petition is hled.

2. Heard Ms. Poojitha, iearned counsel representing Sri Harshavardhan Abburi, learned counsel for the petitioner, Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited, for the respondent Nos. 1 to 3 and learned Government Pleader for Energy for respondent No.4. With their consent, this Writ Petition is taken up for disposal at admission stage.

3. l,earned counsel for the petitioner submits that the present impugned demand notice dated 22.07.2024, issued by respondent No.2 for payment of Rs.4,76,O I ,37O I - towards Cross Subsidy Surcharge, is contrar5r to the common order of a Division Bench of 2 PX, J W.P.No.l1759 042025 this Court dar-t:d 19.12.2023 in W.P.Nos. 14918 of 2006 and batch, wherein, the D,ivision Bench had set aside the impugn ed demand notices thert:i:'r. holding that they were issued in violation of the Electricity (Re:ioval of Difhculties) Second Ordei, 2005. Therefore, the petitioner submitted its representations to responde nt No.2 on

08.1O.2024, 23.12.2024 ar'd 07.O1.2025 requesting to withdraw the impugned demrrnd notice. However, no action has been tal<en thereon so far. It isi Ir rrther submitted that in similar circumsr ances, this Court uide orccr dated 20.O2.2025 in W.P.No.5098 of 20:,15, directed the respon(lents therein to consider and pass appropriatr: orders on the representrtion of the petitioner therein. Therefo re, learned counsel for thL: petitioner prays this Court to pass a sirni,ar order in the pre sent Wr it Petition also.

4. Learned Standing Counsel for the respondents fai rly submits responderrt No.2 u,ill consider the representations of the petitioner, dated 08.l}.'.2t)24, 23.12.2024 and 07.O1.2025 and pass appropriate orders in accolrlance with law.

5. Having lcrgard to the submissions made by learned counsel for the respective parties, this Writ Petition is disposed , rf directing respondent Nrr 2 to consider the representations of the petitioner, I t 3 PK, J W.P.l,k!.11759 or2025 dated 08. 1O.2O24, 23.12.2024 and 07.O7.2025, and pass appiopriate orders thereon, strictly in accordance with 1aw, as expeditiously as possible, preferably within a period of two (O2) weeks from the date of receipt of a copy of this order.ald 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 supply to the petitioner, pursuant to the impugned demand notice uide Lr.No. Str/ OP/ B'Hills/ Hyd/SAO/ JAO / Hr / F. Demard Notice/ D.No. 1 46 /24, daLed 22.07.2024 issued by respondent No.2. Miscellaneous applications, if aly, pending rn this writ petition, shall stand closed. No costs. //TRUE COPY// SD/. T. TIRUMALA DEVI PUTY REGISTRAR ECTION OFFICER The Charman and Managing Director S ot lelangana Limited., (TSSPDCL), TG Secretariat, Khairtabad, Hyderabad, Te outhern Power Distribution Company SPDCL Corporate Office, Cenkdl langana 500022 l[e^SlOerintendent Engineer, Operation Circle Banjara Hiils, TGSpDCL, G lS Colony, Erragadda, Hyderabad Senior Acco_unts. Officer, TGSp_DCL Corporate Office, Mint Compound, Secretariat Road, Hyderabad, Telanganb Principal S.egeJary State of Telangana, Energy Department, Secretariat, Hyderabad, lelangana One CC to SRl. HARSHAVARDHAN ABBURT , Advocate [OpUC] One CC to SRI N. SREEDHAR REDDY, SC FoR TGSPDCL IoPUC] ].w9 CCs to GP for Energy, High Court for the State of Telangana ai Hyderabad. [OUTI Two CD Copies To, 1 2 J 4 5 6 7 8 KKS BM HIGH COURT DATED:2310412025 CC TODAY ORDER WP.No.11759 of 2025 2 fl t\Pi ?tfr Ltj 1tre SlATEi 1 ,:,.. ,^. '' o .I, .1" + DISPOSING THE WRIT PETITION WITHOUT COSTS \\ --:> W l I