M/s Sirigiri Plast Private Limited v. The State of Telangana

Petition under Article 226 of lhre Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 3 to 5 in not considering the application dated OOl03l2O25 of the Petitioner vide HT Reference No. HT2505281 1 for transfer of title of electricity service No. RJN2315 in the name of petitioner company and disconnecting the electricity supply to the petitioner Service No. RJN2315 at Plot No.100 along with industrial shed in Sy No. 188 and 191 , situated at Plastic Park Mankhal (TSllC IALA Mankhal Expansion)' Tummaloor Village, [Vlaheshwaram I\/andal, Ranga Reddy District, Telangana company for the reason that of the Vendor of the Petitiorrer namely Fateh Poly PIast is due irr payment its other unit Iocated at somewhere else as illegal, arbitrary, in contrary to Electricity Act 2003, violative of TGSPDCL terms and conditions and n violation of Articles 14, 19,21 and 300,4 rf the Constitution and set aside the sirme with a direction to the respondents to a:t upon the application dated 06.03.2C25 vide HT Reference No. HT25052811 of the petitioner for transfer of elec.ricity title and immediate restoration of ele<iricity power supply to the Petitioner e ectricity Service No. RJN2315 lA NO: 1 OF 2025 Petition Lrnder Section 151 CPC praying that in the circumstances stated in the affidavit filt:d in support of the petition, the High CoLrrt may be pleased to grant interim jirection, directing the respondents No.:l to 5 to immediate restoration of r:lectricity power supply to the Petitioner 3lectrcity Service No. RJN2315 at Plot No.'1 00 along with industrial shed in Sy No. 188 & 191, situated at Plastic Park, [t/ankhal (TSllC, IALA, N/ankhal Expansion), Tummaloor Village, I\,4aheshwaram [r,4andal, Ranga Reddy District, Telangana prending disposal of the above Writ Petition Counsel for the Petitioner: SRl. LAKSHMI KANTH Counsel for the Respondent No.1: SRI N. SREEDHAR REDDY, Counsel for the Respondent Nos.2to5: SRI N. SREEDHAR REDDY, AGP FOR ENERGY SC FOR SPDCTL The Court made the following: ORDER HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.12239 of2O25 ORDER The brief facts of the case as can be seen from the afhdavit hled in support of the petition are that lhe petitioner company is dealing in manufacturing and trading of plastic household articles etc., having its registered ofhce at Plot No. 189 in Sy.No.48/ I 1, SELE, Kattedan, Hyderabad' The petitioner company intended to expand its business and as such, the petitioner company purchased PIot No. 100 along with industrial shed in Sy.No. 188 & 191, situated at Plastic Park Mankhal (TSIIC, IALA, Mankhal Expansion), Tummaloor Village, Maheshwaram Mandal, Ranga Reddy District, Telangana, lrom its lawful owner, Fateh Poly Plast, represented by its Proprietor Fateh Raj Jain, under a registered Sale Deed Document No.5723 of 2024 dated 06.O4.2024 of SRO Maheshwaram, Ranga Reddy District, Telangana, and the said property was already provided with electricity connection uide service connection No. RJN231 and electricity consumption charges were paid up to date and closing balance of the same was zero as on 31.O7.2024. Thereafter, the petitioner company had paid the electricity consumption charges regularly in advance in the narne of its Vendor Fateh Plast as the subject service connection \ -.\ 2 NBK. J wp 12239- 2025 is not tr,rnsferred in the name of petitioner coml)any and there is an ad'rance payment of Rs.2,92,432/- to the creclit of subject service ,:onnection as on 31.O3.2025 and the said advance amount is u,ith the respondent department. A:cordingly, the petitioner companv had submitted an applk'ation dated

06.O3.2C25 before the respondents for transfer ol tjtle of subject electricity scrvice number uide HT Reference N,r.l{T25O528 1 I , but the respondent officials did not act Lrpon the said application till date and kept pending for the rcason that the vendor cf tl're petitioner is due to the respondent Dr:partmerrt in respect rf h is other electricity connection situa te d somewhere else. On 16.04.2025, morning betrveen 8 a.m. Lo 9 a.m.. the respondr:nts have disconnected the electricity strpply of the petitionc r company uide service connection Nc . RJN23 15 and there is no electricity supply to the petitioner company evcr slnce.

2. Tt e grievance of the petitioner in the pres( nr u'rit petition is that without any valid reason, the respon<lenls kept the applicat on dated 06.O3.2025 of the petitioner lcrr transfer o[ title of electricity service pcnding. and illegally drsconriected the electricity 1o the petitioner unit and the same is; c:hallenged by the petitioner in the presenr Writ Petition. i I i i *1 l- '/"/ ,,,/ 3 NBK, J wp_12239 2025

3. In reply to the above petition averments, respondents filed detailed counter and while relying on Clause 4 '8. 1 of Consolidated/Amended Regulation No.5 of 2004 approved by TGERC in accordance with the provisions of Section 18 1 of Electricity Act, 2OO2, mainly contended that by treating service connection No. RJNl557 as a link service to service connection No.RJN2315, the service connection No. RJN2315 was disconnected as both the service conncctions belong to the same consumer. It is further submitted that as per Clause 8.4 of General Terms and Conditions of Supply (transfer of serwice connection), the seller of the property should clear all the dues to the respondent company before selling such property and if the seller did not clear the dues, the company may refusc to supply electricity to the premises through the already exisling connection or refuse to give a new connection to the premises till all the dues to the respondent company are cleared. It is further submitted that upon disconnection of power supply for service No. RJN2315, the owner of the property by name Mr. Fateh Raj Jain, made payment of Rs.7,O0,0O0/- on 05.O3.2025, duly undertaking to pay the rest of the pending amount within 20 to 30 days and on receipt of part payment, power supply was restored on 05.03.2025. It is further submitted that the 4 NBK, J wp 12239 2025 petitione r/ con sumer has rcgistered in Customer Service Center (CSC) on O5.O3.2025 for name change, which was forwarded by the co rcerncd Divisional Er,gineer to tlte Office of Superinl ending Engineer, Operation CircL:, I'GSPI)CL, Ra.jendrz.nagar, on 19.03.2025. On verificatio-r of the said proposal, ir rvas observed that Mr. Fateh Raj, ou,ner of M/s. Fate h Pl rst bcaring Se rvice No. R-IN2315 sold the saicl property in favou r of the pelitioner on 06.04.2024 but r..either of them has info:med thc rcspondet'rts regarding the sarne nor applied lbr namr: change, prior to thc date oi disconnecr.iorr of the said seruice c,n 04.03.2025 tr:eatir)g it as link service for service No. RJN 155'2, and the saore was ketr-rt pcndirrg as thrre arer pending dues to be pzrid by the vendor of the petitioner. T[-rc ]retitioner having s teppr:cl into the stroes of th:: origii-ral ou ncr is liabte to pay all the ducs in respeci of ine se;vice conner:tion. There is no i[[eg: litv in noL translerring the name of th,: petil_ioner for scrvice t:onncction lio. R.|N2315 and finally pra-7t:d to dismiss l ht' pt tit ion.

4. Hr:ard both sides and perused the record. 5. Lrarned counsel for the petiticner subnritted that his vendor lras paid the entire amount towards electricitv dues for service c onncction No. i<Ji\23 15. /.// ,/, / 5 NBK, J wp_12239 2025

6. On the other hand, Sri N. Sreedhar Reddy, learned Governme nt Pleade r for Enerry, submitted that they have received the fee in respect of the service connection No.RJN2315 7 . ln view of the above submissions and since the due amounts have already been paid in respect of service connection No.RJN23 15, without going into the merits of thc case, this Court is inclined to dispose of this case with a direction to the respondents to consider the application {iled by the petitioner dated 06.03.2025 for transfer of title of electricity service No.RJN23l5 in the name of the petitioner company within a period of four (4) weeks from the date of receipt of a copy of this order.

8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shali stand closed. SD/ ED ABDULLA KHAN ISTANT REGISTRAR //TRUE GOPY// SECTION OFFICER To, \ The Principal Secretary (Energy), Govt. of-Telangana, Room No. 3284' D- eioik, ino Ftoor, Telangana, Secietariat, T.S ,Hyderabad -5oo o22' _ -=-4@:: .;wt I i

2. The chairman and l\/anaging Director, Southern pow:r Distribution company ^ of Tel.anllana Limited 6-f-50, Mint Compound, HyderiLbad _SOOOOC. 3. The Adcitionar Divisionar. Engineer/ op'eration/ spoCil, lrrimiiiparrv- csc, . behind l\rarket Road. Tukkuguda (viilage), Ranga Recdy bistiiii-sToJi;s --' 4 The .Ass;istant Engrneer/opj:rarion, s-pbcrL," wam oipiriv, uerrinJ-rr,la*er - Boad, Trrkkuguda (Viilage), Ranga Reddy District_S10 l5'9 5. lhe serrior Accounrs_ officer spDCTL. IVlamidipalll . behind Market Road, Tukkuguda (Vrllage), Ranga Reddv District_5.1 035b. 6. One CC to SRt. LAKSHMT KANTH, Advocate [OpUC] T Two ccs to GP FoR ENERGY ,High court'for the state of rerangana at 8. One CC to SRt. N. SREEDHAR REDDY, SC FOR SFDCTLIOPUCI 9. Two CD Copies Hyderabad [OUT] B I\iI bJH AI' t\?J -,{.11 t t ( ( HIGH COIJRT DATED:21)10712025 \ \ o ( r.: S l., 7.. -i.. .. { /\ \+_c .-i ri)'r 1E sEP zIE .,/ .,,/ .- :! i\ ORDER WP.No.12'.239 o12025 DISPOSIIJG OF THE WRIT PETITION WITHOUI-COSTS \ {