High Court · 2025
Case Details
Acts & Sections
M/s. Dr. Reddy's Laboratories Ltd, Regd Ott. B-2-337,-Road No3, B^anjara iirG, nvoeiauad - 500 034 Rep. by its Lggal Counsel,.Sri...Gopala Krishna' Gangavelli With its Unit'at. SyNo.195 and 198l2lA' Miyapur' eiotiirrh Roai, Medchal Malkajgiri District -500 049. Service Connection No. MCL-598 ^senior AND ...PETITIONER
1. Telangana State Southern Power Distribution Comp.any.Limited, Mint Comp-ound, Secretariat Road, Hyderabad, Rep. by its Chairman and Managing Director. Telangana z. Superlnt[nOing Engineer, Operation Circle' TGSPDCL, Medchal-Malkajgiri' ...RESP.NDENTS Petition under Article 226 ot lhe 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 action of Respondents in issuing demands for payment of cross Subsidy surcharge (css) for the FY 2005-06 to 2014-15 vide Lr.No. SE/OP/IVCL/SAO/AAO(HTyJAO(HT)/D'No' 90B' Dl.12lO2t2O25 issued by the 2nd Respondent, and such amounts being shown in the cc Bill of the Petitioner, purported to be based on the Tariff order dt. 30.08.2024 issued by the Telangana Electricity Regulatory commission determining the css for FY 2005-06 to 2o14-15, as arbitrary, illegal, contrary to the Judgment dt. 19j2.2023 of this Hon'ble Court in W.P.No' 1491B of 2006 and batch, provisions of the Electricity Act, 2003, besides being violative of the petitioner,s rights guaranteed under Article 14, 19(1Xg) of the constitution of lndia and consequently set aside the same. lA NO: 1 OF 2025 Petition under rsection 'l 51 cpc praying that in the cilcumsiances stated in the affidavit filed in support of the petition, the High court may be p leased to direct the Respondents no1 to take any coercive steps including that of c isconnection of power supply pursrant to the demand notice vide Lr. \o.SE /op/MCL/sAo/ AAO(HTyJAO(HT)/D.No.908 dt.12ro2r2o2s issued by the 2nd ftespondent for payment of alleged css for Fy 200s-06 to 2014-1s, or such irmourts shown in the CC Bills of the Petitioner. Counsel for the Petitioner: SRI DEEPAK CHOWDARY counsel forthe Respondents: SRr N.SREEDHAR REDDY, sc Fort rsspDcl The Court made the foltowing: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK trIRIT PETITION No.14573 of2o25 ORDER: . Heard Sri Deepak Chowdary, learned counsel for the petitioner, and Sri N.Sreedhar Reddy, learned Standing Counsel, appearing for both the respondents. 2) Aggrieved by the action of respondent No.2 in issuing demand notice to the petitioner for payment of Cross Subsidy Surcharge for the FY 2005-2006 to 2Ol4 2015, the present Writ Petition is hled. 3) Learned counsel for the petitioner submits that the lis raised in the present Writ Petition is squarely covered by the order dated Ol .O4.2O25 passed by this Court in W.P.No.9794 of 2025 and prays this Court to pass similar order in the present writ petition. 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 the order dated O1.O4.2O25 passed in W.P. No.9794 of 2025, the present writ petition is also disposed of permitting the petitioner to make a suitable representation to respondent No.2, within a period of one week from the date of receipt of a copy of this order, upon which, respondent No.2 shall pass appropriate orders thereon, strictly in 2- accordance q ith law, AS expeditiously AS possible, rrcferably, within a peri(),1 of two weeks thereof and comn.unica te a copy thereof to tho petitloner. Till such time, the respor dents drrectecl not to take any coercive st.psl .inc udin1l that disconnection of power supply to the petitione r. pu rsuant the impugne I demand notice issued by re;pond ent No.2 Lr. No. SI) / OP/ MCL/ SAO/AAO(HT) /JAO(HT) / I) No. ! r08/ 202s, dated 12.O2.2O25 Miscella reous petitions pending, if any, shal sta rd closed. There shall be rro order as to costs. SD/- l".VtJAY KUMAR DEPUTY REGISTRAR To //TRUE COPY// 1 . Telangana State Soufhe.rn Power Distributigl Qom-qan SE()TION &(o,* lffi :1,ifi T?.3ilfit"s$,:ilti's,fl'*"#$au'$$ll:til'%'?li?:li' : l;3 fe i3 :rll R'.=;#,g1SHBBBY:t3'Prl"l3&Jst'- opucl u lxi3""n'*"',,"t15'lopv ot ttt" order dt: 01'04'2025 in wP'No'(17e4 ot 2025l I Limit ad ' tvlint PSK BS . .- --::3{€.. :::1._'- fl, HIGH COURT DATED:02105't2025 CC TODAY "e c:-- ,;:' .\ Ff & *tl \ C*. i '.1_ .--- -.-- : ORDER WP.No.14573 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7 /.,"1 7-/srtt I THE HON'BLE SRI JUSTICE PULLA I{ARTHIK IIIRIT PETITION No.9794 OF 2025 ORDER: Aggrieved by impugned demand notices bearing Lr. No. SE/ OP/ MCL/ SAO/AAO (HT) / JAO(HT) /D. No. 980, dated t2.o3.2o2s, Lr.No. SE/ oPlMCL/ SAO/AAo(HT) / JAo(Hr) / D.No. 797 9' dated 12.O3.2025 and Lr.No.SE/OP/MCL/ SAO/AAo(HT) /JAO(HT)/ D.No.981, dated 72.03.2025, issued by respondent No.2, directing the petitioner to pay an amount of Rs.4,2O,48,389/-, Rs.3,O8,18,42 | /- and Rs.1,84,35,64 7 /- for its three units, towards Cross Subsidy Surcharge, the present Writ Petition is filed.
2. Heard Sri M.Sridhar, learned counsel for the petitioner ald Sri N.Sreedhar Reddy, learned Stalding Counsel for Southern Power Distribution Company of Telalgana Limited, for the respondents. With their consent, this Writ Petition is taken up for disposal at admission stage.
3. Learned counsel for the petitioner submits thiat the present impugned demand notices d,ated 12.03.2025, issued by respondent No.2 for payment of Rs.4,2O,48,389 /-, Rs.3,08,18,421/- and Rs.1,84,35,641/- for its three units towards Cross Subsidy 2 Surcharge, is contrar5r to the common order of a I)ivisic n Bench of this Court dated 79.12.2O23 in W.p.Nos. 1491g of 2O06 arrd batch, wherein, the l)ivision Bench had set aside the in.pugn:d demand notices thereitL, holding that they were issued in violarion of the Electricity (Reroovai of Difficulties) Second order, 2005. Therefore, the petitioner submitted its representations to restr)ondejtt No.2 on 05.03.2025, 7et3.2O2S and 18.03.2025, requesting to wi,idraw the impugned dem,tnd notices and not to take further action. However, no action has te:en taken thereon so far. It is furthe: subr oitted that in similar circurestances, this Court uide order date f 20.()2.2C)25 in W.P.No.5O98 ol 2025, directed the respondents ther-ein t I consider and pass approp,riate orders on the representations rf the petitioner therein. Therefrrre, learned counsel for the petitioner l)rays lhis Court to pass a simila.order in the present Writ petition alsr.
4. Learned S tanding Counsel for the respondents fairl., submits respondent No.I will consider the representations oI the .tetitioner, dated 05.03.2025, 18.03.2025 and 18.03.2025, and plss appropriate orders in accord:lece w.ith law. 5 Having regard to the submissions made by reanred c<,unsel for the respective p,eLrties, this Writ petition is disposr d of directing 3 respondent No.2 to consider the representations of the petitioner' dated 05.03.2 O25, 18.03.2025 and 18.03.2025, and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of two (02) 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 supply to the petitioner, pursuant to the impugned demand notices uide Lr.No.SE/OP/MCL/SAO/AAO(HT)/JAO(HT)/D'No'980, dated
72.o3.2o2s, Lr.No. SE/ oPl MCL/ SAo /AAO(HT) / JAO(HT) / D' No 1 979, dated 12.03.2o25 and Lr.No.SE/oPIMCL/SAo/AAO(HT)/JAo(HT)/ D.No.981, d.ated 12.O3.2025, issued by respondent No'2' Miscellaleous applications, if any, pending in this writ petition, shall stand closed. No costs. Date : O1.O4.2O25 TMK JUSTICE PULLA KARTHIK 4 / THE HON'BLE SRI JUSTICE PULLA KART]hIIK ..: 't'- 7 t. 4 ,a"-:' \)l ,i. ' # *.$ . r..li:., I il- UIRIT PETITION N0.9794 0F 2025 TMK Date : O1.O4.2O25.