The High Court · 2025

The State of Tetanoana. Rep.by its principal Secretary power and Energy Department. SecreTariat, Hyderabad r -' - --'"'* r The Southern Power Distributign C.o.mply of TG Limited, Rep.by its Chairman and Managing Director,-Mi;i Cffiorio]'iyo"rauro. The Southern Power Distribution. Company of TG Limited, Rep.by its Superintendent Engineer (operation dr"-l,jl. r.clslp.o.ClL.,-Saig;Loov. The Southern Power Distributiorr Company ot TG Limited, Rep.by its Assistant Drvisionat Engineer t operaiiSn j.'r.c's. p. ij.i.l. sri,g jr;iov. The Southern Power Distributgn^C^oTp_a1y of TG Limited. Rep.by its Chief Generat Manager (Revenuel, r.c.S.elo.cj.r., .Jrpirlr'i! ofri;5, t-jyo;;';;; ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate order, writ or direction more particularly one in the nature of writ of Mandamus decraring notice issued by the 3rd respondent vide Lr'No. sc/op/sRDs/HAo/AAo-lEp-JAo/D.No.525 r24, dated- 11.0g.2024 claiming an amount of Rs. 34,97,17gr towards restrictions and contror cum open access craim of charges from fMarch 2013 ro August 2013 (after waived of Rs.50 percentage R and C charges of Rs. 23,.1 1,9311-) without considering the petitioner's representation dated 01.07.2014 and which is not accordance with the l order dated 25.06.2014 and 13.0a.2024 of the Hon'ble High court in w.P.No.1730712014 and hence riabre to set aside in the interest of justice. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the ()ircumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased pleased to suspend the notice issued by the 3rd rerspondent vide Lr.No- sc/oP/sRDS/HAO/AA0-tEp JAO/D. No.525 124, dated- 11.09.2024 claiming an of charges from [\,4arch 2013 to August 2013 (after waived of Rs.so% R & c charges of Rs. 23,'1 1,93'l/.) in the interest of justice. lA NO: 2 OF 2024 Betwee n: The Southen: Power Distribution Company of TG Limiled, Rep.by its Chairman an,1 l\,4anaging Director, It/ini Compound, Hydeiaba'd. ' The Southern Power Distribution Company of TG Limited, Rep.by its Superrntendent Engineer (Operation Circle), T.G S.p.D.C.L. The Southern Power Distributr.or Company-of TG Limited, Rep.by its Assistant Divrsional Engineer (Operatibn), T.G.S.p.D.C.L.', SuT,gjrJJOV. The Southerr Power Distributren^C9lp_any of TG Limit:d, Rep.by its Chief -Offi;E; tjyd";;;; General IVIani:ger (Revenue), T G.S.p:D.C.1., corporit: -SarigiieOOy 2 3 4 ...PETITIONERTi/RESPONDENT 2TO5 AND 1 2 tV1/s. V.L.Papers- Pvt. Ltd, D.No.4-8-608/r, Gowriguda, Rep.bv its Director. unyam sundirr uavama. S/o. Laxminarayan Dayaha, Ageri a6out 70 years, Occ- Busrnes; Hyd-erabad. Ilg^SjI:-".f Iglangana, Rep.by its principat Secretary power and Energy Uepartment. ljecretariat. Hyderabad. ...RESPONDENT/PETITIONER ...RESPONDENT/RESpONDENT No.1 Petition under section i sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim orders dated 26.09.2024 in wp. No. 2673g of 2024 and dismiss the writ petilion. Counsel for the Petitioner : SRI V.V.RAMANA Counsel for the Respondent No.1 : GP FOR ENERGY counsel for Respondents No.2tos , "rt X6afr.a.ro*o*a*aoo", The Court made the following: ORDER HON'IBLE MRS. ]USTICE SUREPALLI NI\NDA WRIT PETITION N 0.26.738 ot 202.+ I ORD ER: Heard Sri V.V.Ramana, learned counsel 'appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1 and Sri N.Sreedhar Reddy, learned Standing Counsel appearing on behalf of respondent Nos-2 to 5, 2 The oetitioner aDDr oached the urt serekinq oraver asu der l "...to issue an approprlate order writ or direction more particularly one in the nature of writ 01' Mandamus declaring notice issued by the 3'd respondent vide Lr.No. SC/OPlSRDS/HAO/AAO-IEP-lAo/D.No.s2sl24 dated LL.Og.2O)-4 claiming an amount of Rs.34,97,1118/- towards restrictions and control cum open access claint of charges from March 2013 to August 2013 (after waived of Rs.507o R & C charges of Rs.23,11 ,93U-) without considering the petitioner's representation dated 01.07.2014 and which is not accordance with the order dated 25.06.2014 and t3.08.2024 of the Hon'ble High Court in W.P.No. 173O7 /2()14 and hence liable to set aside in the interest of justice, and pass such order or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. i

3. The case of the petitioner in brief is that, the petitioner 2 SN. J \tP 26738 2024 company obtained High Tension Service connection from the respondent No.3 with service connection MDK 908 in the year 2003 and is regularly paying the consumption charges. The respondent No.3, without considering the petitioner's representation dated 0L.07.2014, issued notice to the petitioner vide Lr.No. SC/OP/SRDS/HAO/AAO-IEP-IAO/D.No.525/24 dated

71.O9.2024 claiming payment of an amount of Rs.34,97,178/- towards restrictions and control cum open access claim of charges for the period from March, 2013 to August, 2013 within 15 days from the date of receipt of the said order based on wrong calculations and which is not in accordance with the orders dated 25.06.2014 and 13.08.2024 passed in W.P.No.17307 of 2014. Aggrieved by the same, the petitioner filed the present writ petition.

4. This Court vide its order dated 26.O9.2024, oassed interim orders in favour of the oetitioner observinq as under: "Notice before admission. Learned Government Pleader for Energy takes notice for respondent No.1 and Sri R.Vinod Reddy, t I I I It.*- I i I .l SN, J wP 76738 2024 learned Standing Counsel takes notice for r-espondent Nos.2 to 5 and seeks time to file cou nter-afficlavit. This writ petition is filed declaring the notice respondent No.3 issued by Lr.No.SC//OP/SRDS/HAO/AAO-IEP-IAO/ D.No.525 /24, dated LI.09.2024 claiming an arlount of Rs.34,97 ,178/- towards restrictions and control-cum- open access claim charges (hereinafter referred to as "R & C r:harges") from the month of March 2013 to August 2013 (after waived of Rs.50o/o R & C charges of Rs.23,11,,931/-) without considering the petitioner's representation, dated 01.07 .2074, contrary to the orders passed by this Court in W.P.No.17307 of 20L4, dated 13.08.2024 as illegal and arbitrary. The petitioner is a company incorporated under the provisions of the Companies Act, 1956 and drawing the power supply as Industrial Consumer. It is the further case of the petitioner that respondent No.3 issued the impugned notice directing the p€:titioner pay an amount of Rs.34,97,178/- towards R & C charges. It is the further case of the petitioner that it has made a representation, dated 01.07.2t)14 to the respondents for waiver of R & C charges for the months from Marr:h 2013 to August 2013. The griev;rnce of the petitioner is that the respondents without taking into consideration of pendency of the writ petition i.e., W.P.No.17307 of 2014, as well as the representation submitted by the petitioner, have issued impugned o *-rrfl-L, demand notice directing the petitioner to pay an amount of Rs.34,97,178/- (Principal of Rs.11,55,966/- + surcharge of Rs.23,41,213l-) towards R&C charges for the months from March 2013 to August 2013, within 15 days from the date of receipt of copy of the order, failing which power supply to the service connection of the petitioner will be disconnected without further notice. Learned counsel for the petitioner has submitted that earlier, this Court vide order daled 25.06.2024 passed in W.P.M.P.No.21665 of 2OI4 in W.P.No.17307 of 2014, has directed the petitioner to deposlt 50o/o of demanded amount by the respondents vide proceedings, dated 16.06.2014 and in compliance with the same, the petitioner has deposited the said amount but the respondents without taking into consideration of the amount being deposited.by the petitioner have issued a fresh dema nd notice. Pending examination of the said issue, there shall be interim suspension of the impugned notice, dated 11.09.2024 vide Lr.No.SC /OPISRDS/HAO/AAO- IEP-IAO, subject to the petitioner depositing 50o/o of the demanded amount in the impugned notice within a period of four (4) weeks from today. It is made clear that if the petitioner failed to pay 5Oo/o of the demanded amount within the stipulated time, the respondents are at liberty to take action against the petitioner in terms of the impugned notice. 5 SN, J wP 2673a 2024 List on 17.10.2024."

5. Learned Standing Counsel appearing on behalf of respondent Nos.2 to 5 fairly submits that the grievance of the petitioner as put fofth vide petitioner's representation dated OL.O7.2O|4 had not been considered prio_r to passing of the impugned order dated 11.09.2024 by the respondent No.3 and therefore, the subject issue could be remitted to the respondent No.3 for consideration of petitioner's representation dated Ol.O7.2Ol4 in accordance to law within a reasonable period'

5. Takino r,nto consideration: a) The submissions put forth by the learned counsel appearing on behalf of the petitioner,, b) The submissions put forth by the learned Standing Counsel appearing on behalf of the respondent ( Nos.2 to 5, l I The writ petition is disposed of directing the respondent No.3 to consider the grievance of the petitioner as put forth vide petitioner's representation dated 01.O7.2oL4 ,n accordance to law in conformity with the principles of natural justice by providing an 6 SN, J wP 26738 2024 opportunity of personat hearing to the petitioner and pass appropriate orders on the said representation within a period of four(4) weeks from the date of receipt of a copy of this order and duly communicate the decision on the sai{ representation to the petitioner. Till the above exercise is initiated and concluded by passing appropriate orders by the respondent No.3 as per the directions as issued as above within the time period as stiputated as above, the interim orders granted in favour of the petitioner on 26.09.2O22 in the present writ petition shal remain in force. However, there shall be no order as to As a sequel, the miscellaneous petitions , if any, pending in the Writ Petition shall also stand closed. I To, //TRUE COPY// SD/- L. VIJAYA LAXMI ASS T NT REGISTRAR SECTION OFFICER '1 . The Principal Secretary Power and Energy Department, State of Telangana' Secretariat, HYderabad.

2. The chairman and l\,4anaging Director, Southern Power Distribution company of TG Limited, Ii/int Compound Hyderabad.

3. The Suoerintendent Enqineer (Operation Circle),southern Power Distribution Compahy of TG Limited, T.G.S.P.D.C.L., Sangareddy'

4. The Assistant Divisional Engineer (operation),southern Power Distribution Company of TG Limited, T.G.S.P.D.C.L , Sangareddy'

5. The Chief General lVanager (Revenue), Southern Power Distribution " C;;p;;, or ro [irituo, "r.c.s.p.o.c.L., corporate office, Hvderabad' 6. One CC to SRI V.V.RAIvIANA, Advocate. IOPUC] 7. Two CCs to GP FOR ENERGY, High Court for the State o{ Telangana [OUT] 8. One CC to S RI N-SREEDHAR REDDY 9. Twc CD Copies , SC FOR TGSPDCL. IOPUC] I HIGH COURT DATED:21 l0'112025 'r{1 aL r (! O ? e tJ .Z A 0 AB 2025 56t p 1 t o C -.} ORDER WP.No.26738 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \>" €