High Court · 2025

Petition under Article 226 ot the 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/B'Hills/Hyd/SAO/JAO/HT/ D.No.386124,Dt.O1.02.2025 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 lo 2014-15, as arbitrary, illegal, contrary to the Judgment dt. 19.12.2023 of this Hon'ble Court in W.P.No. 14918 of 2006 and batch, provisions of the .{' Electricity Act, 2003, besides being violative of the petitioners rights guaranteed under Article 1a, 1O(1Xg) of the Constitution of lndia and cr:nsequently set aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to take any coercive steps including that of disconnection of power supply pursuant to the demand notice vide Lr.No.SE/OP/B'Hills/Hyd/SAO/ JAO/HT/D.No.386/24, Dt.01.02.2025 issued by the 2nd Respondent for payment of alleged CSS for FY 2005-06 lo 2014-15, or such amounts shown in the CC Bills of the Petitioner. Counsel for the Petitioner: SRI DEEPAK CHOWDARY Counsel forthe Respondents: SRI N. SREEDHAR REDDY, SC The Court made the following: ORDER 1 THD HON'BLE SRI JUSTICE PULLA KARTHIK ORDER: WRIT PETITION No.14538 of2025 Heard Sri Deepak Chowdary, learned counsel for the petitioner, and Sri N.Sreedhar Reddy, learned. Standing Counsel, appearing for the respondents. 2) Aggrieved by the action of respondent No.2 in issuing demand notice to the pctitioner for payment of Cross Subsidy Surcharge for the FY 2005-2006 to 2Ol4-2O15, the present writ Petition is hled. 3) Learned counsel for the petitioner submits that the iis raised in the present Writ Petition is squarely covered by the order dated O1.O4.2O25 passed by this Courr 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 01.04.2025 passed in W.p. No.9794 of 2025, the present writ petition is also disposed of directing respondent No.2 to consider the replies / representations submitted by the petitioner on

14.O2.2025 and 22.O4.2025 and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, t I 2 preferably, \ ltllin a period of tr,vo weeks from the date of receipt of a copy of thrs order and communicate a cop] thcreoi to the petitioner. Till such time, the respondents are direr:ted not to take any cocrcivc steps, including that of disconnection of power supply to the petitiorlcr, pursrr:rnt to the impugned demand noticc issued by respondenr No. 2 vide Lr.No.SE/ OP/ B'Hills/ Hyd / SAO i J.AO / HT/ D. No.386/ !1024, dated 01.O2.2025. Misct'llaneous pctitions pending, if any, shall sLand cltsed Thcre shall be no order as to costs. //TRUE COPY// ossi3+;",?HJAIJ+XXil To, 1 2 4 5 TJ GJP [[i,8[fl Hil;,lX$r,ilgltg?ll,::,::J"]::,"",r,,,".";;:':li!::* i:rfl rEil:,Js.:::ii;s:J,*"s:i#i"dlll3;tiiF:s:i[?ioni,t[,os+10.0 Hf ii13.s,.iro"."l"3[fi,"#$1t:#y8.f;""r]o"r"I t wo CD Copies (Along with the Copy of Order dated 01 .04.2025 tn W.p.No.9794 ot 20251 , -- -B:!'r--.-- - -5 -r t_ : k H!GH COURT CC TODAY DATED:0210512025 ORDER ,i) WP.No.14538 of 2025 :-:=>- -)r: ir- - c\F '7) s ":\ o}\o' - i '' a C'''- - -- -:---' --.';' "-':" DISPOSING OF THE WRIT PETITTON WITHOUT COSTS 7 4/ ,/) ,/1t 7 <=:tl.- 1l-. i' '. -{- + '- 1-i.tl TTIE HON'BLE SRI JUSTICE PULLA I{ARTHIK WRIT ONNo.9794 oF2 ozs OR ER: D Aggrieved by impugned demand notlces bearing Lr.No.SE/op/MCL/sAo/AAo(HT)/JAo(HT)/D.No.98o, 1979' t2.o3.2025, Lr'No'SE/oP/MCL/SAo/AAo(HT)/JAo(HT)/D'No' dated r2.o3'202 5 and Lr'No'SE/ oP/MCLi SAo / AAo(HT) / JAo (HT) / D.No.981, dated 12'O3'2025' issued by respondent No'2' directing the petitioner to pay an amount of Rs'4'2O'4S'389 / - Rs.3,o8,18,421/. and Rs.1,84,35,64 1l- for its three units, towards Cross Subsidy Surcharge' the present Writ Petition is frled' 2. Heard Sri M'sridhar' learned counsel for the petitioner and Sri N.Sreedhar Reddy, rearned standing counser for Southern Power Distribution Company of Telangana Limited' for the respondents' , this Writ Petition is taken up for disposal at With their consent ' admission stage' Learned counsel for the petitioner submits that the present 3. impugned demand notices dated 12'o3'2025' issued by respondent Rs'3'08'18'421/- and No.2 for pa5rment of Rs'4'20'48 '38gl-' Rs.1,8a,35,641/- for its three units towards Cross Subsidy I 2 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 and batch, wherein, the Division Bench had set aside the impugned demand notices therein, holding that they were issued. in violation of the Electrrcity (Removar of Difficurties) second ordei, 2o05. Therefore, the petitioner submitted its representations to respondent No.2 on O5.O3.2O25, 18.O3.2025 and 18.O3.2O25, requesting to withdraw the impugned demand notices a,,d not to take further action. However, no action has lteen taken thereon so far. It is further submitted that in similar circumstances, this Court utd.e order dated 20.O2.2025 in W.P.No.5O98 of 2025, directed the respondents therein to r;onsider and pass apProp.ate orders on the representations of the petitioner therein. Therefore. learned counsel for the petitioner prays this Court to pass a similar order in the present Writ petition also.

4. Learned Standing Counsel for the respondents fairly submits respondent No.2 u.ill consider the representations of the petitioner, dated 05.O3.2025. 18.O3_2O25 and 1g.O3.2025, and pass appropriate orders in accordance with law. 5 Having regard to the submissions made by rearned counser for the respective parties, this Writ petition is disposed of directrng 3 PK, J w_P.No9794 of 2m5 respondent No.2 to consider the representations of the petitioner, dated 05.03.2O25, 18.O3.2025 and 18.O3.2025, and pass appropriate orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of two (O2) 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 urde Lr.No.SE/OP/MCL/SAO/AAo(HT)/JAO(HT)/D.No.980, dated

12.o3.2025, Lr. No. SE/ oP/MCL/ SAO /AAO(HT) /JAO(HT) / D.No. 197 9, dated 12.03.2025 and Lr.No.SE/OP/MCL/SAO/AAO(HT)/JAO(HT)/ D.No.981, dated 12.03.2O25, issued by respondent No.2. Miscellaaeous applications, if any, pending in this writ petition, shall stand closed. No costs. Date : O1.O4.2025. TMK JUSTICE PULLA KARTHIK 4 PK, J THE HON'BLE SRI JUSTIc,E PULLA L KARTHIK lIIRIT PETITION No.9794 OF 2o25 TMK Date : O1.O4.2O25.