High Court · 2025

Petition under: Artigle 226 of the Constitution of lndia praying th3t 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 Mandpmus declaring the action of Respondents in issuing demands for payment of Cros$ Subsidy Surcharge (CSS) for the FY 2005-06 to 2014-15 vide Lr No.SE/Qf/Secbad/SAO/JAO(HT)/D.No.682t2Q25. dl.24103t2025, Lr.No. SE/OP/Seobad/SAO/JAO(HT)/D No.547t2025' dt. 0302t2025, issued by the 2nd Respondent, purported to be based on the Tariff order dt. 3010812024 issued by the Telangana Electricity Regulatory commission (etermining the css for FY 2005.06-2014-15, as arbitrary, illegal, contrary t9 the Judgment fll, 1g112t2023 of this Honourable Qourt in W.P.No 14918 of 2006 and batch, provisions of lhe Electricity Act, 2003, besides being violative of the petitioner's rights guaranteed under Article 14, 19(1)(g) of the constitution of lndia and consequently set aside the same lA NO: 1 OF 2025 petition under Section '1 5'l CPC praying that in the circums tances stated in the affidavit filed in support of the pelition, the High court may be pleased pleased to direct the Respondents not to take any coPrcive steps including that of disconnection of power supply pursuant to the demand notices vide Lr No.SE/OP/Secbad/SAO/ JAO(HT)/D.N0 68212025' dt 24 03 ?025' Lt No SE/OP/Secbad/SAO/ JAO(HT)IO Np 54712Q25, dt. 03 02.2025, issued by the 2nd Respondent Counsel for the Petitioner: SRI DEEPAK CHOWDARY Counsel for Respondents: SBI N. SREEDHAR REDDY, SC FOR TGSPOCL The Court made the following: ORDER ( I i t t L r I i I i i t / THE HON'BLE SRI JUSTICE PULLA KARTHIK ORDER: WRIT PETITION No.14424 of 2025 Heard Sri Deepak Chowdary, learned counsel for the petitioner, and Sri N.Sreedhar Reddy, learned .standing Counsel, appearing for both the respondents. 2l Aggrieved by the action of respondent No.2 in issuing demand notices to the petitioner for payment of Cross Subsidy Surcharge for [he FY 2005-2006 Lo 2O|4-2OIS, the present Writ Petition is hled 3) Learncd counsel for the petitioner submits that the lis raised in the present Writ Petition is squarely covered by tlre order dated O1.O4.2O25 passed by this Court in W.P.No.9771 of 2025 and prays this Court to pass similar order in the present writ petition. \ I 4) The above made submission is not seriously disputed by the learned Standing Counsel. 5) In view of the above and for the reasons alike in tl-re order dated 01.O4.2025 passed in W.P. No.9771 of 2025, the present writ petition is also disposed of directing respondent No.2 to consider the response / representation submitted by the petitioner on

08.O4.2025 and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possrble, preferably, I \ 1 '"r'ithin a period of Lu.-o weeks from the date of re:eipt of a copy of this order zrnd communicate a copy thereof to the petitioner. Till such timc, thc respondents are directed not to take any coercive steps, inr;llrdir-rg that of disconnection of power supply to the pe titioner. purslrant to the impugned demand notices rsstred by rcspondent No.2 r,ide Lr.No.SE/Op/Secbaci/SAO/JA(XHT)/ D.No.68272t)25, derred 24.O3.2025 and Lr.No.SE/Op/Secbad/ SAO/.lAO(H-f\ / D.No.517 / 2025, dated 03.O2.2025. Miscell:r nt:ous pe titions pending, if any, shzLll stancl closed Thcre shalL lti,'no order as to costs. //TRUE COPY// SD/.N. RAJAGOPAL DEPUTY REGISTRAR SECTPdK'FrcER To,

1. THE Chairman and lvlanaging Director, Southern Power Distribution Company of Telangana Limited (TGSPDCL), 6-1-50, Mint Compound, Hyderabad, Telangana 500 063

2. The Superintending Engineer, Operation Circle, Secunderabad, TGSPDCL, Gunrock Tirum3lsgil;, Secunderabad, Telangana One CC to Srr Deepak Chowdary Advocate [OPUC] One CC to Srr N Sreedhar Reddy, Advocate (OPUC) (Along with a copy of Order dated 0'|..04.2025 inW.P.No.9771 ot 20251 Two CD Copies J 4 6 MBC BS F I .; CC TODAY .j ;r HIGH COURT DATED: 0210512025 / 7l /.,, /',.) oF TE( <o .$ l'- i, "$$' .. : --,- ORDER WP.No.l4424 ot 2025 7 44 7,/5 ,12, DISPOSING OF THE WRIT PETITION WITHOUT COSTS I THE HON'BLE SRI JUSTICE PULLA KARTHIK U'RIT PETITION No.977L OF 2025 ORDER: Aggrieved by impugned demand notlce bearing Lr.No. SE/ OP/ CCl HYD / SAO/AAO(HT) / JAO(H TJ I D'No'7 07 7 12025, d.ated 31.01.2025 issued by respondent No'2' directing the petitioner to pay an amount of Rs'5,O9,08,825/ - towards Cross Subsidy Surcharge, the present Writ Petition is hled'

2. Heard Sri Deepak Chowdary, learned counsel for the petitioner ald Sri N.Sreedhar Reddy, learned Stalding Counsel for Southern Power Distribution Company of Telaagala Limited' for the respondents. With their consent, this Writ Petition is taken up for disposa-i at admission stage. Learned counsel for the petitioner submits that the present 3. impugned demand notice dated 3l'Ol'2O25' issued by respondent No.2 for pa5.ment of Rs.5,O9,O8 ,825 / - 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 2006 arrd batch' wherein, the Division Bench had set aside the impugrred demand notices therein, holding that they were issued in violation of the 2 , ,* Electricity (Removal of Difhculties) Second Order, 20O5. Therefore, the petitionr:r submitted its representation to respondent No.2 on

05.03.2O25, requesting to withdraw the impugned- derna:rd noticc and not to tal(e lurther action. However, no action has been taken thereon so far. It is further submitted that in similzu circum sta_r-rces, this Court tide order dated 2O.O2.202S in W.p.No.5O9g of 2O25, directed the rcspondents therein to consider and p;rss appropriate orders on the representation of the petitioner thert:in. Therefore, learned corrnscl for thc petitioner prays this Court to pass a similar order in tht'present Writ petition also. 4, Learned Standing Counsel lor the respondents fairly subrnits respondent No.2 q,ill consider the representation ol the petitioner, dated 05.03.2025, ancl pass appropriate orders in ar:cor.dance with law.

5. Having regard to the submissions made by learned counsel for the respective parties, this Writ petition is disposerl of directing respondent No.2 to consider the representation of .the petitioner, dated 05.03 2025, arrd pass appropriate orders thereon, strictly in accordance with 1au,, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of t.Ilis order 3 w P.No.977t of 2025 and communicate a copy thereof to the petitioner. Till such tirne, the respondents are directed not to take any coercive steps, including that of disconnection of power supply to the petilioner, Pursuant to the impugned demard notice ade Lr.No.SE/OP/CC/HYD/SAO/ AAO[HT)/JAO(H.T)/D.No.7077 /2025, dated 31.O1.2025, issued by respondent No.2. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. Date '. O1.O4.2025. TMK JUSTICE PULLA KARTHIK 4 THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.977l oF 2025 TMK Date : O1.O4.2O25. ! I I