High Court · 2025

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IMONDAY ,THE TWENW THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 15921 OF 2025 Between: Itrl/s. Dr. Reddys Laboratories Ltd, Regd Otl. 8-2-337, Road No.3, Banjara Hills, Hyderabad - 500 034. Rep. by its Authorised Signatory, Mr. Gopala Krishna Gangavelli. Having its Unit at. Plot No.137,'138,145 and 146 lDA, Bollarum, Jinnaram(lvl), Sangareddy District, Telangana-502325. Service Connection No.SGR-1 23. ...PETITIONER AND

1. Telangana State Southern Power Distribution Company Limited, TGSPDCL, Corporate Office, 6- 1 -50, Mint Compound, Hyderabad, Telangana - 500 063 Rep. by its Chairman and lvlanaging Director Telangana

2. Superintending Engineer, Operation Circle, TGSPDCL, Sangareddy, ...RESP.NDENTS 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 pass an order or orders or writ or direction more particularly one in the nature of Writ of f\/andamus declaring the action of Respondents in issuing demand for payment of Cross Subsidy Surcharge vide Demand Nottces Lr.No. SE/OP /SGR/ SAO /AAO/ HT/JAO/HT/ F.No.CSS /D.No. 935 124-25 dt. 04.02.2025, Lr.No. SE/OP/SGRi SAO/AAO(HTyJAO (HTy D No 266/25 dt.1905.2025 and Lr.No. SE/OP/SGR /SAO/AAO/HT/JAO/HT/D.No.342125 dLOZ.06.2025 issued by the 2nd Respondent, as arbitrary, illegal, baseless, without application of mind, contrary to the Tariff Order dt. 30.O8.2024 issued by the Telangana Electricity Regulatory Commission determining the CSS for FY 2005-06 to 2O14-15, provisions of the Electricity Act, 2003, besides being violative of the petitioner's rights guaranteed under Article 14 and 19(1 )(g) of the Constitution of lndia and consequently set aside the same -'--.E}-"..)/ ,/ lA NO: 1 OF 202s Petition under Section 'l 51 CPC praying that in th€ :ircumstances stated in the affidavit filed in support of the petition, the High C:urt may be pleased to direct the Respondents not to take any coercive s-ofrs including that of disconnection of power supply pursuant to the c emands made by Lr.No.SE/OP/SGR/SAO/AAOi HT/JAO /HT/F.No. CS S /D. No.935/24-25 dt.A4.o22025, Lr Nc.SE /OP/SGR. /SAO/ AAO(HT)' ilr\C(HT) iD.No.266/25 dt19.05.2025 and LrNo.SE/OP/SGR/SAO/AAO/Fi-./JAOiHT/D.No.342/2i dt.02.06.2025 issued by the 2nd Respondent for payrle nt of alleged Cross Subsidy Surcharge, or any such amounts shown in the C() E ills of the petitioner Counsel for the Petitioner: SRl. DEEPAK CHOWDARY Counsel forthe Respondents: SRI N. SREEDHAR REDDY ( SC FOR TGSPDCL) The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHTK UIRIT PETITION No.15921OF. 2025 ORDER: Aggrieved by impugned demand notices bearing Lr.Nos.Str/OP/SGR/SAO/AAO /Hr / JAO /HTlF.No.CSS/D. No.935 /24-25, dated 04.02.2025, SE/OP/SGR/SAO/AAO/HT/JAO /HT/D.No.265 /25, dated 19.05.2025 and Str/OP/SGR/SAO/AAO / H"l / J AO I HT / D.No.342 / 25, daLed 02.06.2025 issucd by respondent No.2, directing the petitioner to pay an amount of Rs.1,91,46,297 /- towards Cross Subsidy Surcharge, the present Writ Petition is hled.

2. Heard Sri Deepak Chowdary, 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 dated 04.O2.2O25, 19.O5.2025 and

02.06.2025, issued by respondent No.2 for payment of Rs. 1,91,46,297/ towards Cross Subsidy Surcharge, is contrary to the common order of a Division Bench of this Court dated 79.12.2023 in c P(,.I wPNo lsc? I of2023 W.P.Nos. 14918 of 2OO6 and batch, wherein, the Divirrion Bench had set aside the impugned demand notices therein, h olding that they were issued in violation of the Electricity (Remova I of Difficulties) Second O:der, 2005. Therefore, the petitionr:- submitted its representalrions to respondent No.2 on 14.02.2025 ,:rnd 29.O5.2O25, requesting to rvithdrau, the impugned demand notic:r: and not to take further action. However. no action has been taken thereon so far. It is further submitted thal in similar circumstances Lhis Court ulde order dated 20.o2.20'25 in w.P.No.5098 cl1 2(l-'5, directcd the respondent.s therein to consider and pass appropri.rl: orders on the representat-ion of the petitioner therein. Therefore. . earned counsel for the pedtioner prays this Court to pass a sint lirr order in the presenl Writ I't'tit icrn also.

4. Learned Standing Counsel for the respondct'tt r; fairl1, submits respondenl No.2 will consider the representations t>-the petitioner, dated 14.C2.202.5 and 29.05.2025, and pass app:rl)riate orders in accordalce with law.'

5. Having regard to the submissions made by le':rrned counsel for the respective parties, this Writ Petition is disposed of directing respondenl- No.2 to consider the representations of the petitioner, 3 PI<, J w P No 15921 of 2025 daLed 14.02.2025 and 29.05.2025, 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 therlof 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 petilioner, pursuant to the impugned demand notices uide Lr.Nos.SE/OP/ SGR/ SAo/A Ao IHT lJAo /HT/F.No.CSS/ D. No.935/24 2s, dated 04.o2.2o2s, Str/OP/SGR/SAolAAo/HT/JAO/HT/D. No.265/2s, dated i9.05.2o25 and SE/OP/SGR/SAO/AAO /HT I JAO /HT /D.No.342/25, dated 02.06.2025, issued by respondent No.2. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. //TRUE COPY// SD/.A. PRATHIMA UTY REGISTRAR ECTION OFFICER Southern Power ce, 6-1-50, Mint To,

1. The Chairman and lvlanaging Director , Telangana S Distribution Company Limited, TGSPDCL, Corporate Compound, Hyd erabad, Telangana - 500 063

2. The Superintend ing Engineer, Operation Circle, TGSPDCL, Sangare ddv, 3 4 5 Telangana one cc to SRl. DEEPAK CHOWDARY, Advocate [oPUc] One CC to SRI N. SREEDHAR REDDY, ( SC FOR TGSPDCL) IOPUC] Two CD Copies BM UGJP HIGH COURT DATED:2310612025 / J ,. , '__:' . 24 :EP fiui \., , .. \ .t\ : ORDER WP.No.15921 of 2025 i i I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 01 { o