High Court · 2025

Petrtion under Article 226 of lhe Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriale Writ, Order or Direction, More particularly one of Writ of lVlandamus declaring (i) proceedings of the 3'd Respondent in Lr.No.SE/OP/ RRE/SAO/HT/ JAO/SAl/F.No.RRE966/ D.No.12B2 dated 20-08-2016 thereby categorizing the Petitioner electrical connection bearing SC. No RRE-966 under H T.Category ll (non-lndustrial) as ab-initio void as it is in violation of Principles of Natural Justice, arbitrary, illegal, (ii) to set aside the same (iii) Consequently direct the respondents to categorize the electrical connection bearing Consumer SC.NO. RRE 966 in HT category - land (iv) to adjust the excess amounts already paid under HT- category - ll in the future bills. (v). l.A. NO: 2 OF 2017(WPMP. NO : 4753 OF 2O171 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 suspend the proceedings of the 3rd Respondent in Lr.No.SE/ Op/ RRE/ SAO/ HT/JAO/SA1/F.No.RRE966/D.No. 1 282 dated 20-08-2Q16 pending disposat of the Writ Petition l.A. NO: 1 OF 2017(WVMP. NO:45 80 0F 2017) Between:

1. Southern Power Distribution Company of T.S. Ltd., rep. by its Chairman and Managing Director, At 6-'1-50, Mint Compound, HYDERABAD b00 063.

2. The Chairman & Managing Director, Sourther. Power Distribution Company of T.S Ltd., AT 6-1-50, Mlint Compound, HYDERABAD-S0O 0633. 3. The Supenntendhg Engineer, Operation Circle, Ranga leddy(East), Southein Power Distribution Company of T.S. Ltd., nangb RddOy Ebst - 501 301 ...PETITIONERS/RESPONDENTS AND Hindustan Petroleum Corporation Ltd., rep. by its, Deputv Goneral Manaoer- WSPL, Visakha Vijayawada Secunderabad pipelihe. ' Secundera"bad Terminal, P.B No. !, Ghatkesar, Ranga Reddy Distric[ - SOtgOt. ...RESPONDENTS/PETITIONER Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petrtion, the High Court may be pleased to vacate interim orders dated 06-022017 in Wp.Mp NO 4753 of 2Oil in Wp.No39B4 o'f 2017 and dismiss the writ petition with costs in the interest ef Jugtice. Counsel for the Petitioner: SRI M. RAVINDRANATH REDDY Counsel for the Respondents: SRI N. SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER t r I I I I t, i I , l T { THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITIO N No.398 4 of 2OL7 ORDER: This writ Petition, under Articre 226 of the constitution of India, is filed sceking the following relief: "...to issue Writ or Order or Direction, more particularly one rn the nature of Writ of l\4andafius declaring (i) proceedings of 3rd Respondent in Lr. No. SE.OP/ RRE/ SAO/HT/ JAO/ SA 1/ F. No.RRE966/D_ No. 1282 dated 20 08 2016 thereby categorizrng the petitioner electrical connection bcaring SC.No RRE-966 urder H.T_Category lI lrron industrial) as ab,initio void as it is in violatioln of principtes of Natural Justice, arbitrary, itlegal. to set aside the same Consequently direct the respondents to categorize the electrical connection bear-ing Consumer SC-NO. nie SOOI; HTcategory-[and to adjust the excess arnoLtnts already paid under HT_ category - II in the future bills..." (ir) (ni) (iu)

2. Sri M. Ravindranath Reddy, lcarned Senior Counsel appearing for the pctitioner submits that the lls in the present writ petition is squarely covered by tI're adjudication of this Court in its order dated 08.1O.2015 in W.p.No.23O37 of 2Ot2, and therefore, prays this Court to pass a similar order in the present writ petition a1so. 2 PK,,J W.P.No 3984 of 2017 3- The above made submission is not seriously disputed bv Sri N. Sreedhar Reddy, learned Stalding Counsql appearing on behalf of the respondents

4. The operative portion of the order dated 0g.10.2O15 in W.P.No.23037 of 2012 is extracted hereunder: ..CO NCLUSION: The qucstion whether an activity r,vhich does not involvc 'manulacture' of goods carr still be considered as an inaust.rat activity or not, depends upoD the interpretation of ,n" .*i"", provisions/ notifications. coing by ttre language oiihe :t"lY-t9r"" Tariff Order, it is clear that even if no m-alufacturrri-g ," "Eii.ily undertaken, it is enough if a consumer carries on the activrtv of processing_ and/or preserving of goods fot sal". l..o* -tf," undrspured tacts pleaded bJ the petitioner arid rn Lhe light of the discussion undertaken above, this Court has ,,ro tr""li^iiul, to hold that the petitioner has been utilizing power fi"_ ln. respondents for the activity of both -pio.es"inj preservation of goods for sale and therefore it-is entiflei to be classihed as a consumer fallirLg under HT Category f. ifr" o.a". ot respondent No.3cannot thcrefore be sustained and tfre same is accordingly set aside. RESULT: The Wril Petition is allor.vecl. The respondents arc directed to reclassify the petitioner,s UniL at Kattubadlp"f._, vi.j"f"o..a", under HT Category-t and revise the bills rv.e.f. r i zijtji,rlr." the, r_espondents have changed its category fi.om HT C^t"*o* f to H'I' Category-ll, and adjust the excess tariff collecteJ'irorn the petitioner 1n futurc bills.,,

5. Having regard to the submrssions made by learned counsel for the respective parties, and for the reasons alike in the order dated 08.10.2015 in W.p.No.23037 of 2.072, the Writ petition is allowed setting aside the irnpugned prcGedings vide Lr. No. SE/ Op/ RRE/ 3 PK, J W.P.No.3984 of 2O17 sAo/HT/JAO/SA1/F.No.RRE966/D.No.t282 dated 20.oa.2ot6 issued by respondent No.3, and the respondents are directed to categorize the electrical connection of the petitioner Unit bearing SC.No.RRE 966 under HT Category - I and also to adjust the excess amounts already paid by the petitioner under HT Category - II in the future bills. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. That Rule Nisi has made Absolute as above witness Witness THE HON'BLE ACTING CHTEF JUSTTCE SUJOY pAUL, Wednesday, The Ninth Day Of April Two Thousand And Twenty Five ,TRUE COPY// SD/. K. BHAVANI SWAMY SSISTANT REGISTRAR SECTION OFFICER rman & Managi AT 6-1-50, Min The Chairman and Managing Director, Sguthern QWer Pistribution Compan Of T.S Lld , At 6-1-50, Mint Compound, HYDERABAD-500 069 The Ch at T.S. Ltd The Superintendin g Engineer, Qperation Circle Pbwer DistribUtion Company of T.S. Ltd., One CQ to Sri lvl Ravindranath Reddy, Advqca One CQ to Sri N. S teedhar Reddy, SC fofTGPS Two CD Copies rector, Southern Powbf Distribut on Company of mpgund, HYDERABAD-50Q 063 Ranga Bedd Reddy East te IQPUCI DQLtoPUcl q Y(East), Sourther -'50130't ng Di tCo R v To, 1 2 J 4 E o TJ SS Pfl4. h I ! t F 5 r HIGH COURT DATED:0910412025 ORDER f FE Sr4 Jt{ WP.No.3984 of 2017 LJ 2 6 llAY 2025 o 1: C t -d+ * EO ALLOWING THE WRIT PETITION WITHOUT COSTS ?riq, zo\ s\)-g