The High Court · 2025

Judgment

2. Southern Power Distribution Company of T S.Ltd, Rep by Superintending Engineer, Operation Cir-cle t\,4edchat, Hyderabad. The Assistant Divisional officer, oferation southern power Distrrbution Company of T.S- Ltd, Shapur Nagar Sub Division , Hyderabad ...RESPONDENTS

Petition under Article 226 of rhe constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order, writ or direction, more particularly one in the nature of Writ of I\,4andamus declaring to issuing the demand notice vide letter No.Lr.No.ADE/OP/SPNR-SubiF.No /D.No.49 1 t22-23 Dated 06.06,2022 as back billing amount from April 21 to N/arch 21 , Aprit 22 to I,Aarch 22 by clubbing two service connections i.e., SC.No. I\ACL 2411 and SC.No.O1Z50Og90 is illegal arbitrary and contrary to the clause 3.5.'1 of general terms and conditions of supply and also contrary to the electricity Act 2003 consequenfly quash the demand notice No.Lr.No.ADE/OpiSpNR-Sub/F.No./D.No.49 1t22-23 Dated06.06.2022 and direct the respondents not to club both the service connections i.e., SC.No. l,ltcL 241.1 and SC.No.017500890 ', .itaa ttlt:r.r-i{' ' lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the c;ircumstances stated in the afiidavit filed in support of the petition, the High Ccult may be pleased to Grant interim suspensron vide letter date No.Lr l.lo.ADE/ OP/ SPNR Sub/F No./D.No.491 I 22-23 Daled 06.06.2022 and pas: such other order and orders, pending disposal of the above writ petition pending c rsposal of the above writ petition lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the oircumstances stated interim suspension of in the affidavit filed in support of the petition, the High Courl may be pleased to grant an the der ralnd notice No. Lr.No SE/OP/lt4CL/SAO/AAOiJAO/HT/D.No.'1 46 dated 31 .)a 2A24 issued by the f i respondent pending disposal of the above Writ Petitio.r lA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the c:ircumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the respondents to not to club the power supply to tire service connections i.e.. SC.No. I\ACL 2411 and SC.No.017500890 anC rc,t to raise the bill SC.No.017500890 under HT category and pass such otre:r o;'der and orders, pending disposal of the above writ petition pending disp-r;sal cf the above writ petitio n lA NO: 3 OF 2022 Between:

1. Southern Power Distribution Company of T.S.Ltd, tLep by Superintending 2. The Assistant Divisional Officer, Operation Soutlre nr Power Distribution Engineer, Operation Circle [t/edchal, Hyderabad. Company of T.S. Ltd, Shapur Nagar Sub Division , Hyc e-abad AND ...PRETlTlOiJE:RS/RESPONDENTS M/s. Divya Sree Woven Sacks, Address Plot No 727, 728A, Ram Reddy Nagar, Phase- V, l.D.A Jedimetla, Hyderabad Rep by its Partner Sri A. Sridhar, S/o. A. Narsimhulu, aged about 43 Years. ...RESPONDENTS/PETITIONERS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit-fi!ed in support of the petition, the High Court may be pleased to vacate the interim orders daled 25-07 -2022 in WP. No. 30375 of 2022 and drsmiss the writ petition Counsel for the Petitioner: SRl. JYOTHI ESWAR GOGINENI Counsel for the Respondents: SRI N. SREEDHAR REDDY (SC FOR TELANGANA TRANSCO) The Court made the following: ORDER . t i).r ia, ir*.r'':.r* THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3O375 of 2o22 ORDER: Heard learned counsel appearing for the prtitioner and Sri N.Sreedhar Redd1,, learned Standing Counsel ror TGSPDCL appearing for respondents.

2. This Writ Petition. under Articie 226 of tl'r: Constitution of India, is lrled seeking the following rclief ". . .. to issue an order, writ or direction more particutarlyl o rc in the nature of Wit of Mandamus declaring to issuing the demand r,ohce tide letter No.Lr.No.ADE/ OPISP1VR Sub/ F.No. / D.No.491/ 22-23 Da ed 46.06.2022 as back btLting amount from April 21 to March 21, ApnL 2l) to il[arclt 22 bg clubbirry tlao seruice connections i.e. SC.No.M)1, 2411 end 5C.No.o17500890 is illegal, arbitrary and contrary to tl1( ctaLLSe 3.5.1 of general tenns qnd conditions of supply qnd also ( ontrar-Ll to tlLe Electicitg Act, 2OO3 consequ.entlg quash th.e c etnantd notice No.Lr.No.ADE/ OP/ SPNR-Sub/ F.No./ D.No.491/ 22-23 Date:t 06.06.2022 qnd direct the respondents not to club both the seruict, ccrtnections i.e. SC.No.MCL 241 1 and SC.No.O175OO89O...."

3. It is stated that the petitioner is engaged in t-re business of rvoven sacks and established the industry in th: ycar 20O9 by obtaining service connection No.MCL 2411 under I{'- category to a contract maximum demand of 100 KVA along witr four partners. In the year 2Ol2 the partners have separated from ,1:e llrm and out of four partners only two remained and started anc ther unit with a separate estabhshment in a separate premises to stitch the bags and to con\rert to different shapes as per the requirement of the .',: -; : 2 customer. Therefore the petitioner obtained for separate service connection under LT category SC.No.017500890 in other premises for the separate machinery, and this unit is being run since 2012 as a separate entity, and there is no connection in between trvo units i.e., one is meant for manufacture and trading of woven sacks reels and other one is meant for stitching of bags and trading the bags. Initially the petitioner obtained a lease for one unit from Sunitha Chowdary in plot No. 727 which is compounded by a wall along with shed. In 2012 subsequent lease has been obtained from Sohanlal Chowdary to establish a separate unit which compounded with a separate wall along with shed in Plot No. 72alA. Both the premises are having separate entrance and divided with a compound wal1 and trading of business are a-lso different, therefore there is no connection either in the business activit5r or stafhng pattern. The rent also being paid separately to different individuals as per their lease terms, and both the units are being run from more than 10 years all the time and the respondent authorities are periodically inspecting the premises, and no objections have been raised either to the business activity or to the supply of power under two service connections. Surprisingly the respondents have issued notice dated 06.06.2022 stating that two service connections are being utilizing for the same activify in one premises, therefore both the connections required to be clubbed under HT category and i1'. ..r, i:elii :;..,.:?.j.a 3 directed to submit an explanation within 15 davr; Other notice dated 06.06.2022 is issued directing to pay i1n amount of Rs.2,66,189/- tov,'ards the back billing for the pericd of r\prii 202 1 to March 2022, Aprll 2022 and May 2022. It seem irom the notices that the responcienLs have assessed this amount a'; a back billing by clubbing two service connections, and have me nlioned Clause 7-5. L of the Gcneral Terms and Conditions of suppil', which deals with the dcfeclive meters, but there is no such allc gation of meter defect and therc is no provision to assess back billinl Ln the event of merging of trvc, sen'ice connections, in fact tu'o sen i<:e connections are utilizing for tu'o different units, which are lu nning in two different premises rvhich can be allowed as per Cla rr;e 3 ' 5 1 of the General Terms and Conditions of supply.

4. Learned counsel for the petitioner submits lhat petitioner made representation before respondent Nos. 1 ancl 2 explaining all the above facts and also submitted complete m,rterial, but the respondents have no[ considered the said request. a:'rci thrcatening I to pay the back billing amount, ald also warned thrLt rhey are going to club both the connections and will be raisec bill under HT category, wherein the petitioner will be suffered u'Lt-r escalation of bill amount ancl leading to other complication as the entire business activities are different in two different prerrises' t 4

5. Learned Standing Counsel for TGSpDCL appearing for respondents disputed the submissions of the learned counsel for the petitioner.

6. In view of the same, this writ petition is disposed of directing the petitioner to submit a fresh representation as per Condition 5.2 in notice dated 06.06.2022, wrthin a period of t',vo weeks from the date of receipt of a copy of this order. On receipt of the said representation, the respondents are directed to dispose of the same in accordance with law taking into consideration of Clause 3.5 of the General Terms and Conditions of supply, within pcriocl of six weeks from the date of submission of the representation. No order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed. 1 i To, //TRUE COPY// SD/. M. JAWAHAR REDDY ASSISTANT REGISTRAR G SECTION OFFICER T-S.Ltd, Operation Circle Medchal, Hyderabad. 1 The Superintending_Engineer, Southern Power Distribution Company of 2- The Assistant Divisional Officer, Operation Southern power Distribution - Comp_any oiT S Lt!, Shapur Nagar Sub Division , Hyderabad 3. One CC to tr/s. JYOTHT ESWAR GOG|NEN|, Advocate [opuc] 4 One CC to SRt. N. SREEDHAR REDDY(SC FORTELANGANA TRANSCO) 5. Two CD Copies loPUCl BM GJP @ t : I ||: I HIGH COURT DATED:2410712025 ORDER WP.No.30375 of 2022 ==----. i r i- Si-it f€ f.c\( '2[ IEll G .(.,e o {J (3( a I o,: ;., i\t c.l{t t DISPOSING OF THE WRIT PETITION WITHOUT COSTS J \^