High Court · 2025

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 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 2O14-15 vide Lr.No.SE/OP/B'Hills/Hyd/SAO/JAO/HT/D.No.395/24 D1.01 .02.2025 issued by the 2nd Respondent, and such amounts being shown in the CC Bill for HT SC No.BJH-726, 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 2014-15, as arbitrary, illegal, contrary to the Judgment d1.19.12.2023 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 petitioner's rights guaranteed under Article .14, consequently set aside the same. t 9(1Xg) of the Constitution of india and lA NO: 1 OF 2025 Petition under Section 15r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents not to take any coercive steps incruding that of disconnection of power supply pursuant to the demand notice vide Hills/Hyd/SAO/JAO/HT/ D.No. 395/24 Dt.01 .02.202i issued Respondent for payment of aileged cSS for Fy 2005-06 to 201 amounts shown in the CC Bills for HT SC No.BJH_726. Lr.No.SE/OP/B by the 2nd 4-15, or such Counsel for the petitioner: SRI DEEpAK CHOWDARY Counsel for the Respondents: SRI N. SREEDHAR REDDY, SC The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK ORDER: WRIT PETITION No.1 4607 of2ol25 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 2OI4_2O15, the present Writ Petition is hlcd. 3) Learned counsel for the petitioner submits that the lis raised in the present Writ petition is squarely covered by the order dated O1.O4.2O25 passed by rhis Court in W.p.No.9794 ol 2O2S and, prays this Court to pass similar order in the present writ petition. \ L 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 O1.04.2O25 passed in W.p. No.9794 of 2025, the present writ petition is also disposed of permitling 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 with 1aw, as expeditiously as possiblc, preferably, within a period of two weeks thereof and communicate a copy thereof to the petitioner. Till such time, the respondents are directed not to take any cocrcive steps, including that o[ disconnection of power supply to the petitioner, pursuant to the impugned demand notice issued by responrlent No.2 vide Lr.No.SE/OP/MCL/SAO/AAO(HT)/JAO(HT)i D.No.908/2o25, dated 12.O2.2025. Miscellaneous petitions pending, if any, shall stand closed There shall be no order as to costs. //TRUE COPY// SDI--A SR|NIVASA REDDY ,/ ASSISTANT REGISTRAR I secrroJZrrrcen To, 1 2 .7 4 5 Hl:fff#il;,lxlira.?t3s?,i,""?3:#its:3*5:?,:iHr,.Jnpower Ban ara H s Grs fflgg p;sti-#','^,I,8fr ?i;":j#:," TJ GJP (Along with the Copy of Order dated 01 .04.2025 tn W.p.No.979 4 ot 2O2Sl : .. -n::r...- jr:ai. a- HIGH COURT CC TODAY DATED:0210512025 ORDER WP.No.14607 of 2025 t: l.,'t,r:\ i"' \ .$ s* (l DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7 /.t 7 THE HON'BLE SRI JUSTICE PULLA KARTHIX WRIT PETITION No.9794 OF 2o2s 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/ OP/ MCL/ SAo/AAo(HT) /JAo(Hr) / D.No. t97 9, d ated 72.03.2025 and Lr.No.SE/ OPl MCL/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.4,20,48,389/-, Rs.3,08,18,421/- 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 and Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana 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 that the present impugned demand notices d.ated 12.03.2025, issued by respondent No.2 for payment of Rs.4,2O,48,389 /-, Rs.3,08,18,421l- and Rs. 1,84,35,641/- for its three units towards Cross Subsidy 2 Surcharge, is contrarJr to the common order of a Division Bench of this Court dated 79.t2.2023 in W.p.Nos.149lg 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 Electricity (Removai of Difficulties) Second Order, 2005. Therefore, the petitioner submitted its representations to respondent No.2 on 05.03.2025, 18.03.2025 and 18.03.2025, requesting to withdraw the impugned demand notices and not to take further act.ion. However, no action has been taf<en thereon so far. It is further submitted that in similar circumstances, this Court uide order dated 20.O2.2O25 in W.P.No.5098 of 2025, directed the respondents therein to consider and pass appropriate 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 will consider the representations of the petitioner, dated O5.03.2025, 18.03.2025 and 1g.O3.2025, arrd pass appropriate orders in accordance with law.

5. Having regard to the submissions made by learned counsel for the respective parties, this Writ petition is disposed of directing 3 w.P.No-9794 of 2025 respondent No.2 to consider the representations of the petitioner, dated 05.03.2025, 18.03.2025 ald 18.03.2025, ald 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 ald 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 ade Lr.No.SE /OP IMCL/SAO/AAo(HT)/JAo(HT)/D.No.98o, dated

12.o3.2o2s, Lr.No. SE/ oP/MCL/ SAo /AAo (HT) /JAO(Hr) / D. No. I 979, dated 72.O3.2o2 5 and Lr.No. SE/ OP/ MCL/ SAO/AAO(HT) / JAO(HT) / D.No.981, dated, 12.O3.2O25, issued by respondent No.2. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. Date : OI.O4.2O25. TMK JUSTICE PULLA KARTHIK 4 THE HON'BLE SRI JUSTICE PULLA KAR'THIK WRIT PE-TITION No.9794 0F 2025 TMK Date : O1.O4.2O25.