✦ High Court of India · 04 Feb 2025

High Court · 2025

Case Details High Court of India · 04 Feb 2025
Court
High Court of India
Decided
04 Feb 2025
Bench
Not available
Length
1,283 words

Jurala Organic Farms and Agro lndustries Pvt. Ltd., Registered Off DIUR "Plot 201and 202, Kavuri Hills, Madhapur, Hyderabqd, Telangana - Cororate, 500 033; Rep, by its tvlanaging Director, Dr. Mohan Rao Dodda S/o. Sri Lingaiah Dodda HAVING ITS UNIT Chittanur Village, Marikal Mandal, Narayanpet District, Telangana HT Service Connection No. NPT-141 3

2. Dr. Mohan Rao Dodda, S/o. Sri Lingaiah Dodda, Aged 66 years, Re,sident of Plot No 202, Road No.'14, Jubilee Hills, Hyderabad, Telangana - 500 033' ...PETITIONERS AND 1 Telangana State Power Co-Ordination Committee, Transmission Corporation of Tel5ngana Limited, Regd. Off. Vidyut Soudha, Kharitabad, Hyderabad, Telangana Rep. By its Chairman and Managing Director, Southern Distribution Company of Telangana Limited, Regd. Office . TGSPDCL Corporate Office, 6:1-50, Mini Compound, Hyderabad, Telangana - 500 063 Rep. by its Chairman and Managing Director.

2. Chief General Manager (lPC and RAC), TGSPDCL. Corporate Office'^Re^qd^' Office. 6-1-50, 2nd F"looi, Mint Compound, Hyderabad' Telangana - 500 063. ...RESPONDENTS Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or Direction. more particularly, one in ihe nature of Mandamus a) Declaring that the Action of Respondents in not providing open Access Metering Facility to the Petitioner despite the 1st Petitioner having ilearly stated its intention of Availing Open Access as arbitrary, not bonafide and contrary to law, and b) Direct the Respondents to forthwith provide open Access Metering Facility to the 1st Petitioner at the 1st Petitioners cost, or alternatively to direct the Respondents to forthwith install connect the Open F a, Access metering Facility arranged by the 1st Petitioner at its own cost, so as the enable the 1st Petitioner to avail Open Access lA NO: 1 OF 2024 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 to forthwith provide Open Access metering Facility to the Petitioner at the 1st Petitioners Own Cost or alternatively to direct the Respondents to forthwith install/connect the Open Access metering Facility arranged by the 1st Petitioner at its own cost, so as the enable the 1st Petitioner to avail Open Access, and/or further order or other orders as this Honourable Court may deems fit and proper in the facts and circumstances of the case. Counsel for the Petitioner: SRl. DEEPAK CHOWDARY Counsel for the Respondents: SRI N. SREEDHAR REDDY SC FOR TGSPDCL The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA IT PETITION No ORDER: Heard Sri Deepak Chowdary, learned counsel appearing on behalf of the petitioners and Sri N.Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of the respondents,

2. The petitioners aporoached the Court seekinq oraver as under: r "...to issue an appropriate Writ Order or Direction more particularly one in the nature of Mandamus: a) Declaring that the Action of Respondents in not providing Open Access Metering Facility to the Petitioner despite the 1't Petitioner having clearly stated its intention of Availing Open Access as arbitrary, not bonafide and contrary to law; and b) Direct the Respondents to forthwith provide Open Access Metering Facility to the 1st Petitioner at the 1st Petitioner's cost or alternatively to direct the Respondents to forthwith install/connect the Open Access metering Facility arranged by the 1't Petitioner at its' own cost, so as the enable the 1't Petitioner to avail Open Access; and x :".,' 2 SN,J wP 20375 2024 c) And/or pass such further order or other orders as this Hon'ble Court may deems fit and proper pin the inte rest of justice. "

3. The case of the petitioners, in brief, is that the petitioners company is engaged in the business of manufacture of grain-based Ethanol. The petitioners have established a captive co-generation plant of 11.45 MW capacity at their manufacturing unit in Chittanur Village, Marikal Mandal, Narayanpet District, Telangana. The Co-gen plant harnesses high pressure steam from the boiler to generate electricity and supplies low-pressure steam to process without burning of any additional fuel, thereby reducing CO2 emissions and promoting environmental sustainability. Hence, the petitioners submitted detailed representation dated 07.05.2024 addressed to the respondent Nos.1 to 3 herein seeking permission to avail open access facility and provisioning of necessary metering arrangements as provided under Section 9(2),42(2) and 10(2) of the Electricity Act, 2003 on behalF of M/s. Jurala Organic Farms and Agro Industries Private Limited located at Chittanur Village, Marikal Mandal, Narayanpet District, Telangana. Though the said representation had been acknowledged by the respondents on

07.05.2024 itself, the respondents did not act upon the same as on \ , SN,J wP 2037 5 2024 date. Aggrieved by the same, the petitioners filed the present writ petition.

4. Learned counsel appearing on behalf of the petitioners submits that the writ petition could be disposed of directing the respondent Nos.1 to 3 to consider the grievance of the petitioners as put forth in the representation of the petitioners dated 07.05.2024 addressed to the respondents herein, within a reasonable period. i

5. Learned Standing Counsel appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioners.

6. Takino into consideration: a) The facts and circumstances of the case, b) The contents of the petitioners' representation dated O7.O5.2(J24 addressed to the respondents herein, c) The fact as borne on record that the request of i the petitioner has to be considered under Section 9(2) of the I I Electricity Act, 2OO3, / h . tR .-rFsEBErytr:,i 4 SN,J wP 20375 2024 The writ petition is disposed of directing the respondent Nos.1 to 3 to consider the representation of the petitioners dated O7.O5.2O24 seeking permission to avail open access facalaty and provisioning of necessary metering arrangements on behalf of M/s. Jurala Organic Farms and Agro Industries Private Limited located at Chittanur Village, Marika! Mandal, Narayanpet District, Telangana in accordance to law within a period of two(2) weeks from the date of receipt of a copy of this order, and pass appropriate orders on the said representation dated O7.O5.2O24 of the petitioners herein, It is however observed that petitioners are bound to comply with all the requirements as mandated under the rules as indicated to the petitioners by the respondents herein. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed //TRUE COPY// SD/- A. SRINIVASA REDDY ASSISTANT REGISTRAR \ ) TION OFFICER 1 The Chairman and Managing Director, Telangana State Power Co-Ordination Committee, Transmission"Cdrporation of Telangana Limited, Regd' Off' Vidyut Soudha, Kharitabad, Hyderabad, Telangana. The Chairman and Managing Director Southern Distribution CofPfly gl. . Telangana Li m ited, Regdi Oifice. TGSPDCLCorporate Office, 6-1 -50' Mint Compbund, Hyderabad, Telangana - 500 063 2 Chief General Manager (lPC and RAC), TGSPDCL. Corporate Office-,^Re.g^9, Office. 6-1-50, 2nd F'ioor, Mint Compound, Hyderabad, Telangana - 500 063. I To, I ".ic One CC to SRI. DEEpAK CHOWDARY Advocate tOpUCI One CC to SRt N. SREEDHAR REDDy SC FOR TGSPDCL tOpUCl Two CD Copies I 4 o KKS GJP / HIGH COURT DATED:0410212025 s' ORDER WP.No.20375 of 2024 t t I4TScttt Ie ( o 2 2 FA 2025 aI E l C-I c_O t c. {l 4' a DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7t 1 / J1 /L

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