M/s. Dilpreet Tubes Pvt. Limited, Rep v. State of Telhngana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed trherewith, the High Court may be pleased to issue a Writ of lt/andamus or arly other appropriate Writ, Order'or direction declaring the action of the Responflent No.3 in issuing the impugned notice vide letter Lr. no.SE/OP/HBG/SAOP/AAO-NT/JAO-HT/HBG'168/ D.No.204t24. dated 22-06-2024 to the Petitioner demanding the payment of arrears of Rs.37.22,1331- along with surcharge up to the date of payment and further disconnecting the powbr connection oflthe Petitioner bearing No.HBG102'1 as arbitrary. illegal and set aside the s4me and consequently direct the Respondents 2 to 4 to restore power cofinection of the Petitioner bearing Consumer No.HBG1021 and not to insist for payment of the amounts as per Demand Notice vide Lr.no.sE/oP/HBG/$AO/AAO-HT/HBG'168/D.No.204124. dated 22-06-2024 IA NO: 10F 2024 Petition under Serlion 1 51 CPC praying that in the Hl9l.^court the affidavit fited in supp:riot tre petrtion, lhe i't. ?i".r"iio";t nos 2 to 4 herein to restore power con i,l"ii"gAr*mer No rlGBl02l at Plot NoB' in Surve Nacharam Village, upp'' Ivo"Lbad pending disposal of circurnstances stated in may be Pleased to direct nection of the Petitloner yNo49and50, 1DA' the writ petition. IAN Ot2OF 2024 Between: Manasins Director iff'1il sloi,';ffi 6oma1i'uoa Hvderabad 1 Southern Power L)rs.tribution Company of l,G,.,Ltd' 2. Superrntending Engineer-Operations' Habsiguda Circle' TSSPDCL' Uppal' Rep by its Chairman and HYderabad' o*''

3.Asst'DivisionalEngineeroperations,HabsigudaCircle,TSSPDCL, " firLiigrd; uPPal HYderabad ...PETITIONERS/RESPONDENTS 2 TO 4 3,lr'rr:,: il'Bt i,U u'l T 15"i $i"l^,?#f ,i['J.."#',T :3;#3' Res d orrice t - 2 State or reran g ;a n a,. rep by its p ri n cipar #:=r:?:I:,:="ttiff lll"- - Sliietariatl HYtlerabad ...RESPONDENT/RESPONDENT NO'1 Petition under Siection 151 CPC praying that' in the cirr:umstances stated in court mav be preased to the arridavit rired in suppJ;i ;;i*;ffi; vacate the interim ord:rs o"i""o toi'd)d)+ i" wp Nt- zztar of 2024 and dismiss i11r1,:n the writ Petition Counsel for the Petitioner: SRI PRABHAKAR PERI Counsel for the Resprondent Nos'1 and 2: GP FOR ENERGY Counsel for the Respondent Nos'3 and 4: SRI N' SREEDHAR REDDY' SC The Court made the following: ORDER - THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.22181 of 2o24 ORDER: Heard learncd counsel appearing for the petitioner; learned Government Pleader for Energz appearifrg for respondent Nos.1 and 2 and Sri N. Sreedhar Reddy, iearned ptanding Counsel appearing for respondent Nos.3 and 4.

2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief; "....to issue a Writ of Mandamus or anA other appropiate Wnt, Order or directiort declanng tlLe octton of the Respond.ent No.3 in issui.ng tlrc impugned rtotice uide letter Lr. No.SE/ ep/ HBG/ SAOq/ AAONT/ JAO HT/ HBG|68/ D.No.204/ 24 dated 22.06.2024 to the petitioner demandng tlrc paAnlent of anrears of Rs.37,22,133/_ along with surcharge up to the date oJ payment and fur-7her disconnecting thi pou.,er connection of the Petttioner beaing No.HBG1021 as arbitrary, illegal and set qside the sante ald. consequentlg diret:t the Respond.ents 2 to 4 to restore power connection of the petitidner beaing Consumer No HBGlO2l and not to insist for pagment of ithe amounts as per Demand_ Notice N,.SE/ QP/ HBG/ SAO?/ AAONT/ JAO_ HT/ HBG168/ D.No.204/ 24 dated 22.06.2O24...." Lr

3. It is stated that originally M/s. Delhi Tubes private Limited was the owner of the property i.e. plot rut.pS in Survey Nos.49 and 50 with land admeasuring Ac.4.O0 guntas situated at IDA, Nacharam Village and Mandal, Kapra Municipality, R. R. District with a s\d area admeasuring 6750O Sft. tt is submitted that the said Delhi rubes Private Limited had become indebted to severar hnancial institutions i.e. APSFC, IBC, APIDC and United Bank of t 1 India and ultimately the assets o[ the said compan] were seized on put the prope rty for sale by advertising in 2O.I1.1996 anC , newspaper in September, 2OOl. In pursuance' of the same petitioner paid the amount of Rs.253.lO lakhs tou,ards sale consideration and got the salc deed documcnt no.9910 ol 2OO2 dated 02- 1 7 -2Ot)2 in its favour from the said Financ ial Institutions. Respondent Ncs.2 & 3 havc issued a notice in letter vide Lr.No.SE/OPlHBG/SAQ/AAO HT/.JAolSAI/D.No. l'..278 I 20, dated

02.O2.2O21 to petitioner demanding for payment of lhe arrears and petitioner issur:d a reply dated Ol 03 2021 denying liability. Thereafter therr: was no response/ action from th,:: Respondents. However, suddt'nly respondent No.3 issucd impugned notice on

26.06.2024 proposing to disconnect thc pou'er connection if the amount is not paid and ultimately the same is disconnected on

30.O7.2024. Ag,3rieved by the same, this v,.rit petitiorr is fi1ed.

4. A counter affidavit has been filed by respondent Nos.2 to 4 wherein it is stated at paragraph No.5 that as p('r clause 84 of General Terms irnd Conditions of Supply a new service connection cannot be releas;ed to (he said premises until clearance of the dues of the seller and the said clause is extracted hereunder: J "The seller of the property should clear all the dues to the Company before selling such property. If the seller did not clear the dues as mentioned above, the Company may refuse to supply electricity to the premises through the already existing connection or refuse to give a new connection to the premises ti1l all dues to the Company are cleared". It is also stated that respondents are ehtitled to recover the dues of the service connections lrom the new Pwner and petitioner having purchased the property without enquiring about the due of electricity charges is liable to pay the arrears in respect of the subject service connections bearing SC. NoHRG168 which was provided to M/s. Delhi Tubes (P) Ltd. As the service connection of the petitioner is located in the subject premises where SC' NoHBG168 was provided to M/s. Dellri Tubes (P) Ltd existed, the service connection bearing SC. No. HEG 1 O27 ir:. the name of the petitioner shall have to be treated as a Link service and therefore, the Service connection of the petitioner is liable to be disconnected for non-payment of the dues in re$pect of Service connection bearing SC. No. HBG168 as per Clau6e 10 of Regulation No 7 of 2013 (Second Amendment to Regulatiop No 5 of 2O04)'

5. In view of the same, the wril pe$tion filed is devoid of merits and is dismissed, accordingly. No order as to costs 4 As a seque l, the miscellaneous pctitions pcnding, if any, shall stand closed. SD/.U. SUDHA ASSISTANT REGISTRAR //TRUE COPY// secrrhfirrrcEn One CC to Sri F'rabhakar Peri, Advocate [OPU^CI Yffi ;6.i" Ge toi Energv High Court foithe State of Telangana' af Hvderabad [OU'-] iji'i,"bdi" Sri N Two CD CoPies 'sreedhar Reddv SCIOPUCI 1 2 .) J 4 To, TJ BS ,V HIGH COURT DATED:23107112025 ORDER WP.No.22181 ,cf 2024 z=1-=-_-= 1 -1t- :' l'A I (: o .1 i- ,/ .\ 1...!: it ,-r llLr ,/t 26 ?5[uB DISMISSING ]'HE WRIT PETITION WITHOUT COSTS 1r % 4 1,,

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed trherewith, the High Court may be pleased to issue a Writ of lt/andamus or arly other appropriate Writ, Order'or direction declaring the action of the Responflent No.3 in issuing the impugned notice vide letter Lr. no.SE/OP/HBG/SAOP/AAO-NT/JAO-HT/HBG'168/ D.No.204t24. dated 22-06-2024 to the Petitioner demanding the payment of arrears of Rs.37.22,1331- along with surcharge up to the date of payment and further disconnecting the powbr connection oflthe Petitioner bearing No.HBG102'1 as arbitrary. illegal and set aside the s4me and consequently direct the Respondents 2 to 4 to restore power cofinection of the Petitioner bearing Consumer No.HBG1021 and not to insist for payment of the amounts as per Demand Notice vide Lr.no.sE/oP/HBG/$AO/AAO-HT/HBG'168/D.No.204124. dated 22-06-2024 IA NO: 10F 2024 Petition under Serlion 1 51 CPC praying that in the Hl9l.^court the affidavit fited in supp:riot tre petrtion, lhe i't. ?i".r"iio";t nos 2 to 4 herein to restore power con i,l"ii"gAr*mer No rlGBl02l at Plot NoB' in Surve Nacharam Village, upp'' Ivo"Lbad pending disposal of circurnstances stated in may be Pleased to direct nection of the Petitloner yNo49and50, 1DA' the writ petition. IAN Ot2OF 2024 Between: Manasins Director iff'1il sloi,';ffi 6oma1i'uoa Hvderabad 1 Southern Power L)rs.tribution Company of l,G,.,Ltd' 2. Superrntending Engineer-Operations' Habsiguda Circle' TSSPDCL' Uppal' Rep by its Chairman and HYderabad' o*''

3.Asst'DivisionalEngineeroperations,HabsigudaCircle,TSSPDCL, " firLiigrd; uPPal HYderabad ...PETITIONERS/RESPONDENTS 2 TO 4 3,lr'rr:,: il'Bt i,U u'l T 15"i $i"l^,?#f ,i['J.."#',T :3;#3' Res d orrice t - 2 State or reran g ;a n a,. rep by its p ri n cipar #:=r:?:I:,:="ttiff lll"- - Sliietariatl HYtlerabad ...RESPONDENT/RESPONDENT NO'1 Petition under Siection 151 CPC praying that' in the cirr:umstances stated in court mav be preased to the arridavit rired in suppJ;i ;;i*;ffi; vacate the interim ord:rs o"i""o toi'd)d)+ i" wp Nt- zztar of 2024 and dismiss i11r1,:n the writ Petition Counsel for the Petitioner: SRI PRABHAKAR PERI Counsel for the Resprondent Nos'1 and 2: GP FOR ENERGY Counsel for the Respondent Nos'3 and 4: SRI N' SREEDHAR REDDY' SC The Court made the following: ORDER - THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.22181 of 2o24 ORDER: Heard learncd counsel appearing for the petitioner; learned Government Pleader for Energz appearifrg for respondent Nos.1 and 2 and Sri N. Sreedhar Reddy, iearned ptanding Counsel appearing for respondent Nos.3 and 4.

2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief; "....to issue a Writ of Mandamus or anA other appropiate Wnt, Order or directiort declanng tlLe octton of the Respond.ent No.3 in issui.ng tlrc impugned rtotice uide letter Lr. No.SE/ ep/ HBG/ SAOq/ AAONT/ JAO HT/ HBG|68/ D.No.204/ 24 dated 22.06.2024 to the petitioner demandng tlrc paAnlent of anrears of Rs.37,22,133/_ along with surcharge up to the date oJ payment and fur-7her disconnecting thi pou.,er connection of the Petttioner beaing No.HBG1021 as arbitrary, illegal and set qside the sante ald. consequentlg diret:t the Respond.ents 2 to 4 to restore power connection of the petitidner beaing Consumer No HBGlO2l and not to insist for pagment of ithe amounts as per Demand_ Notice N,.SE/ QP/ HBG/ SAO?/ AAONT/ JAO_ HT/ HBG168/ D.No.204/ 24 dated 22.06.2O24...." Lr

3. It is stated that originally M/s. Delhi Tubes private Limited was the owner of the property i.e. plot rut.pS in Survey Nos.49 and 50 with land admeasuring Ac.4.O0 guntas situated at IDA, Nacharam Village and Mandal, Kapra Municipality, R. R. District with a s\d area admeasuring 6750O Sft. tt is submitted that the said Delhi rubes Private Limited had become indebted to severar hnancial institutions i.e. APSFC, IBC, APIDC and United Bank of t 1 India and ultimately the assets o[ the said compan] were seized on put the prope rty for sale by advertising in 2O.I1.1996 anC , newspaper in September, 2OOl. In pursuance' of the same petitioner paid the amount of Rs.253.lO lakhs tou,ards sale consideration and got the salc deed documcnt no.9910 ol 2OO2 dated 02- 1 7 -2Ot)2 in its favour from the said Financ ial Institutions. Respondent Ncs.2 & 3 havc issued a notice in letter vide Lr.No.SE/OPlHBG/SAQ/AAO HT/.JAolSAI/D.No. l'..278 I 20, dated

02.O2.2O21 to petitioner demanding for payment of lhe arrears and petitioner issur:d a reply dated Ol 03 2021 denying liability. Thereafter therr: was no response/ action from th,:: Respondents. However, suddt'nly respondent No.3 issucd impugned notice on

26.06.2024 proposing to disconnect thc pou'er connection if the amount is not paid and ultimately the same is disconnected on

30.O7.2024. Ag,3rieved by the same, this v,.rit petitiorr is fi1ed.

4. A counter affidavit has been filed by respondent Nos.2 to 4 wherein it is stated at paragraph No.5 that as p('r clause 84 of General Terms irnd Conditions of Supply a new service connection cannot be releas;ed to (he said premises until clearance of the dues of the seller and the said clause is extracted hereunder: J "The seller of the property should clear all the dues to the Company before selling such property. If the seller did not clear the dues as mentioned above, the Company may refuse to supply electricity to the premises through the already existing connection or refuse to give a new connection to the premises ti1l all dues to the Company are cleared". It is also stated that respondents are ehtitled to recover the dues of the service connections lrom the new Pwner and petitioner having purchased the property without enquiring about the due of electricity charges is liable to pay the arrears in respect of the subject service connections bearing SC. NoHRG168 which was provided to M/s. Delhi Tubes (P) Ltd. As the service connection of the petitioner is located in the subject premises where SC' NoHBG168 was provided to M/s. Dellri Tubes (P) Ltd existed, the service connection bearing SC. No. HEG 1 O27 ir:. the name of the petitioner shall have to be treated as a Link service and therefore, the Service connection of the petitioner is liable to be disconnected for non-payment of the dues in re$pect of Service connection bearing SC. No. HBG168 as per Clau6e 10 of Regulation No 7 of 2013 (Second Amendment to Regulatiop No 5 of 2O04)'

5. In view of the same, the wril pe$tion filed is devoid of merits and is dismissed, accordingly. No order as to costs 4 As a seque l, the miscellaneous pctitions pcnding, if any, shall stand closed. SD/.U. SUDHA ASSISTANT REGISTRAR //TRUE COPY// secrrhfirrrcEn One CC to Sri F'rabhakar Peri, Advocate [OPU^CI Yffi ;6.i" Ge toi Energv High Court foithe State of Telangana' af Hvderabad [OU'-] iji'i,"bdi" Sri N Two CD CoPies 'sreedhar Reddv SCIOPUCI 1 2 .) J 4 To, TJ BS ,V HIGH COURT DATED:23107112025 ORDER WP.No.22181 ,cf 2024 z=1-=-_-= 1 -1t- :' l'A I (: o .1 i- ,/ .\ 1...!: it ,-r llLr ,/t 26 ?5[uB DISMISSING ]'HE WRIT PETITION WITHOUT COSTS 1r % 4 1,,