High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of t\ilandamus declaring the action of the respondents in issuing the demand notice vide Lr.No. SE/OP/Sec'bad/SAO/JAO(HT) D.No.725 Dl. 23-07-2019 against the petitioner Service Connection No.HDN-1681 without considering petitioners representation dated 5-6-2013,14-9-2013 and 13-03-2014 as per the orders in W.P.No. 11357 ol 20'13 and contrary to the orders of the APERC dated 08-08-2013 and contrary to Sec. 56 (2) of The Electricity Act 2003 as illegal, arbitrary and violation of the principles of natural justice and consequently quash the same as illegal. lA NO: 't OF 2019 Petition under Section 15l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the demand notice vide Lr.No.SE/OP/Sec'bad/SAO/JAO/(HT) D.No. 725 Dt- 23-07-2019 against the petitioner Service Connection No.HDN- 1681 including the disconnection of the power supply- lA NO: 2 OF 2019 Between:

1. Southern Power Distribution Company of Telangana Ltd., Rep by its Superintending Engineer, Sikh Road, Bowenpally, Secunderabad.

2. The Assistant Divisional Engineer, Southern Power Distribution Company of Telangana Ltd, Operation, Circle, Bowenpally, Secunderabad, ..,PETITIONERS AND M/s. ESSVR Poly Products,(S.C No. HDN-'I681 ), Address. plot No. 89, 9ro.und. Floor, Rajeev Gandhi Nagar, Prashanth Nagar, l.E. Kukatpally, Hyderabad, Rep by its Manager, Sri V.V. Raju, S/o. V. C-hinna Cnander haju, aged about. 40 Years. 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 vacate the interim orders dated 05-08-201 9 in WP. No. 16641 of 201 9 and dismiss the writ petition. .,.RESPONDENT Counsel for the Petitioner: SMT JYOTHI ESWAR GOGINENt Counsel for the Respondents: SRI N.SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No 16641 of2OL9 ORDER: This Writ Petition is filed questioning the action of the respondents in issuing the demand notice dated 23'07 '2019 against the petitioner's service connection without considering the petitioner's representations as per the orders in W'P' No' 11357 of 20t3.

2. Heard Smt. Jyothi Eslr'ar Gogineni, learned counsel for the petitioner and Sri N. Sreedhar Reddy, learned Standing Counsel for TSPDCL for the respondents' Perused the record' Learned counsel for the petitioner made submissions on the 3. lines of the writ aJhdavit and stated that, as per the orders of this Court in W.P.No.11357 of 2013, the petitioner had paid more thart 50% of the demalded amount and also submitted artother representation dated 05.06.2013 to the respondents' It is further stated that, without considering the same, the respondents, after a iapse of more than 6 Years, have now issued the imPugned demandnoticedated23.oT.2olgbyimposingasurcharge Tfr6i6fore, she requested this Court to set aside the said demand 2 NBXJ W.P- No.16541of2019 ''\] notice and direct the respondent authorities to consider the representations of the petitioner dated 05.06.2OI3, 14.O9.2013, and 13.03.2014 as expeditiously as possible

4. Learned Stalding Counsel for TSPDCL for the respondents submits that in the demand notice dated 23.07.2OI9, rhere was no reference to the order passed by this Court in W.P. No.11357 of 2013 and batch, wherein this Court directed the petitioner concerns to deposit SOoh of the amounts due from them individually within three weeks from that date. Upon such deposit, the APCPDCL was to consider their grievances as set out in the representations already submitted by the petitiorrer concerns. It is further stated that the respondents, by mistakr:, stated in their counter that the petitioner's representation need not be considered, as the demand was properl1, explained to the petitioner much before the filing of the writ petition. it is further stated that, if the said petitioner's representations are stili pending consideration, the respondent authorities ma1- be directed to dispose of . the petitioner's representations dated 05.06.2013,

14.09.2013, and L3.03.2O14 and pass appropriate orders in accordance with law 7 3 NBK.,l w.P. No.16641of 2019 In view of the submissions made by the learned counsel

5. appearing on either side and upon perusal of the material on record, this Court finds that the impugned demand notice dated 23.O7.2O1g \\''as issued without considering the petitioner's pending representations, despite the directions issued by this Court in W.P. No.11357 of 2O13. Therefore, this Court is of the opinion that the said demand notice calnot be sustained and the same is iiable to be set aside.

6. Accordingly, the demand notice dated 23'07'2019 is set aside and the Writ Petition is disposed of directing the respondents to consider ald dispose of the petitioner's representations dated 05.06.2013, 14'O9'2O13, and 13 03'2014' in accordance with law, within a period of four (O4) weeks from the date of receipt of a copy of this order, and communicate the decisiontothepetitionerforthwith.Thereshallbenoorderasto COStS. Miscellaneous applications, if any pending, shall stand closed. SD/. C. D SISTANT REG //TRUE COPY// SECTION OFFICER To,

1. The SuPerintending Engineer' Southern P npally, Secun Telangana Ltd Sikh Road, Bowe r Distribution rabad. ComPanY of ..L d-' - t-.. :-*-. .,-.-- -.!a- -- -- --'/'-- The Assistant Divisional Engineer, southern Power Distribution company of +;E;;;;fi;,-op"rition' citcle, Bowenpallv, secunderabad' One CC to SMT JYOTHI ESWAR GOGINENI, Advocate [OPUC] One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL [OPUCI Two CD CoPies n*fl.

5. BSR PVL &; E*. HIGH COURT DATED: 0710812025 \ ORDER WP.No.16641 of 2019 -i i rt- s I,.r r6 C)\- :i zs AUB 206 * DEsr,.',, -'/. I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS a"6 ylor