K.S. Chowdry v. The State of Telangana

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 pteased to issue a writ or order/s more particularly one in the nature of writ of Mandamus declaring the action of the 2nd to slh respondents in issuing provisional assessment order dated 22-02-2025 in proceedings Lr.No.ADE/OP/SHAIVISHABAD/IriIATS/D.no.2174125 for service connection of the petitioners house i.e., SC No. 3509 04382 demanding to pay an amount of Rs.4,26,626/- to the petitioners building in H.No. 22-5711118, Rallaguda, Shamshabad, Ranga Reddy District and not issuing revised order pursuant to petitioner's representation dated 04-03-2025 as illegal, arbitrary and unjust and ,,s consequently set asrde the provisional assessment order rlated 22-02- 2025 in proceedings Lr.No.ADE/OP/SHAfMSHABAD/tvlATS/D no 211 4'l 25' IA NO: 1 0F 2025 Petition under Section 151 CPC praying that in the circumstances stated intheaffidavitfilednsupportofthepetition,theHighCotrrtmaybepleasedto issue interim directions skis pending the provisional assessment order dated 22-02.2025inpro:eedingsLr-No.ADE/OP/SHAIVSHIT[]AD/[v1ATS/D.no.217 4/25 passed by the {rth respondent pending disposal of the writ petition' Counsel for the Petitioner: SRI N'KRISHNA SUMATH' REP' FOR SRI VIVEK JAIN Counsel forthe Respondent No'1: GP FOR ENERGY Counsel for the Respondent No'2 to 4: SRI N'SREEDHAR REDDY' SC FOR SPDCL The Court made the following: ORDER I l l THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.1287L OF 2o25 ORDER: With the consent of both the parties, this Writ Petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed, under Article 226 ol tL.e Constitution of India, seeking the following relief: "...to issue a Luit or order/s more pdrticularly one- in the nature of uit of Manddtlus decLaing the action of the 2^,1 to stt, respondents ,l tssutng prou$ondl assessmena order dated 22 02 2025 i proceeclirLgs Lr. No.ADE/ OP/ SHAMSHABAD/ MATS/ D.No.2171/ 25 for seruic.e connectiott of the petttioners house i.e-, SC No.3509 04382 denlanding to pdy on dmount of Rs.4,26,626/ to the petitioners buildng in 11.No.22 57/1/18, Rallaguda, Shamshabdd, Rdnga Reddg Distict dttd not issuing reui-sed order pursudnt to petitioner's represeitation dated 04 03 2025 as illegat, arbitrary and unjust and consequentlA sel @side the prouisional assessment order dated 22 O2 2025 in pro<:eed.ings Lr.No.ADE/ OP/ SI{AMSHABAD/ MATS/ D.No.2174/ 25 dnd be pledsed to po.ss..."

3. Heard Sri N.Krishna Sumath, learned counsel representing Sri Vivek Jain, learned counsel for the petitioner; learned Government Pleader for Energr for respondent No.1; and Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited, for respondent Nos.2 to 4.

4. Learned counsel for the petitioner submits that the petitioner is the owner of the house bearing No.22-57 11/ 18 situated at Rallaguda, Shamshabad, Ranga Reddy and the petitioner's house is having electricity service eotr$ection i.e., domestic with Li-l uide 2 PK,J Wp I2a7l-2025 : ser-vice connection No.35O9 04382. It is further submitted that the petitioner ha s been paying regular electricity r:harges to the respondents iruthorities for consumption of electricity. However, respondent It o.5 has issued proceedings, dated 212.02.2025 uide Lr. No.ADE/ O P / SHAMSHABAD/ MATS/ D. No.2 17 tl r' 25, demanding the petitioner lo pay an amount of Rs.4,28,626/ alleging that on inspection b1' K. Satyanarayana Rao, DE, DEP, Raajendranagar, on

28.01.2025 at 14:0O, it was observed that the pelitioner has been utilizing the cou.er supply for the purpose of corr.mercial activity i.e., for cinema shooting. It is also submitted that respondent No.5 lras provisionallv asse ssed the electricity charges at Rs.4,28,6261- and directed the petitioner to pay the same wi:hin seven days. Pursuant to I he same, the petitioner has submitted representation, datecl 04-O3.i 025. to respondent No.3 requesting lo provide revised order and the same is pending consideration. It is further submitted thirt during the pendency of the said represen tation, the respohdents havc disconnected the pou,er supp)v to the subject premises. Tl'rerefore, Iearned counsel prays this; Court to direct respondent No.3 to consider the representation, dated 04.O3.2025, submitted b1, the petitioner and restore the power supply to the subject premrses. \ t 3 PK,J 1, p 12871 2025

5. Learned Standing Counsel for respondent Nos.2 to 4 submits that on inspection conducted by Lhe respondents_authorities on 28..01.2025 at 14:00, it was observed that the petitioner was utilizing the supply for the purpose of commercial activity i.e., for cinema shooting. The consumption has also been increased from February, 2024, which clearly indicates that the petitioner has been utilizing power supply for commercial activity i.e., LT Category-ll, but the service is being billed under LT Category-l only. Thus, the utilization o[ electricity other than sanctioned purpose constitutes unauthorized use under Section 126 of the Indian Electricity Act, 2OO3. Therefore, the respondents have issued provisional assessment order, dated 22.O4.2O24, and the petitioner was granted fifteen days time to submit his representation from the date of its issuance. it is further submitted that since the representation, dated 04.O3.2025, is pending before respondent No.3, respondent No.3 will consider the same and pass appropriate orders, in accordance with law.

6. Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of directing respondent No.3 to pass appropriate orders on the representation, dated O4.03.2O2S, submitted by the petitioner, which was filed pursuant to issuance 4 PK,J wD I287 t 2025 ( 1 of provisicltal assessment order, dated 22.O2.2025, in procecdings Lr. No.ADE/ OP/ SHAMSHABAD/ MAt.Si/ D. N o.2 17 4 I 25, b1. rcspondenr- No.5, strictly in accordancr: with law, as expcditioush as possible, preferably within a ltr:riod ol lour (4) u.ceks from r hc d:rte of receipt of a copy o[ this or.ier. Further, the rcspondcnts arc rlirected to rcstore the power su;rprly to the subject premiscs, sr-rb-jr:cl to the condition that the petitirtner sha[ deposit 50% of thc p 'ovisional assessed amount. Miscellaneous petitions pending, if any, shall stand closed. There shall bs no order as to costs. //TRUE COPY// To, I The Principal 5)ecretary Electricity Department' of Telangana. SD/. P' GOWRI SHANKAR DEPUTY REGISTRAR -ss6iioN oFFtcER retariat, HYderabad, State

2. The ltrlanaging Director, Southern Power Distribution Company of Telangana ' iirit.;. si6r'i t Ftoor, Mint Compound, Hvderabad' 3. The Superintendent Engineer, TGSPDCL' 1st Floor' 33/1 1 KV CM Camp Office, Sub station. Pun.iagutta, HyderaDao'

4. The Divisional Engineer Operation, TGSPDCL' 1st Floc'r' 33/11 KV Cil/ Camp Office, Sub stetion. Punjagutta, Hyderaoao

5. The Assistan- Divisional Engineer Operation' TGS;PDCL' Shamshabad' Ranga ReddY District.

6. One CC to SRI VIVEK JAIN, Advocate [OPUC] 7. One CC to SRI N.SREEDHAR REDDY' SC FOR SPDCL' [OPUC] B. Two CCs to (lP FOR ENERGY, High Court for the S'tate of Telangana at Hyderabad [OUT]

9. Two CD CoPies BSR HIGH COURT DATED:2810412025 CC TODAY :OF /6 A(l C, S' '$\ f .-r.:i- ', ,r-' (( a ') ! ORDER WP.No.12871 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS qA