tt//s Tiruoati Containers v. 1. The Assistant Engineer

Vidvut Ombudsman forthe State of Telangana,. First Floor' 33/1 1KV - - -^^ ild.Lii;, Hfi;;;;; Eil"Geiuu t-'a"e' iumtiiniPark' Hvderabad - 500 063' ...RESPONDENTS Petition under Article 226 of the Constitution of lndia 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 in the nature of writ of certiorari calling for the records relating to and in connection with the orders of the 6th respondent dated 26.11.2018 in appeal No'45 of 2018 and quash the same along with consequential back billing dated 3't 08'2018 issued by the 4th respondent also. t' . I l I I I i i i i ; I IA NO: 1 OF 2018 Petition underr section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay of all further proceedings of orders of the 6th respondent dated 26.11.2018 in appeal No.45 of :2018 and consequential back billing dated 31 .08.2018 issued by the 4th respondent, pending disposal of the above writ petition. lA NO: 2 OF 2018 Petition unde' section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to allow the petition by set aside the orders of the 6th respondent dated 26.11.2018 in appeal No. 4512018 consequenfly back biiling dated 31.08.2018 issued by the 4th respondent. lA NO: 1 oF 2019 Between: 1 2 J 4 5 AND

1. IISi:;:TlL[il9#*' operation' shivrampalrv, rss PDCL, shivramparlv, The Assistant Divisional Engineer, Operation, Shivrampaily, TSSpDCL, -- - Shivrampalty, l-tyderabad - 5OoO7z. The Divisional Engineer, Ope_rir!io^1lajendernagar, TSSpDCL, Rajendemagar UyOerabad- SOO O77. orricer' Gasanpahad, rssPDCL, shivrampailv, I?Si:B';1":163%??o The Superintendinq Enoineer, Operation, Rajendemagar, TSSpDCL, Nanatnasar X Road, M;hedip;trlarn, iivjdrJi,Ji:'dbtbze ...PETIT]ONERS/RESPONDENTS M/s Tirupati Cr;ntainers. Beneflciary Narsi Reddy, properitor Om Sainath Laminates, ptot No. 1s8 D No o-o_ie, Siioao'i iljir'r, Kattedan, Hyderabad - 500 077 Represented 'Uy its eroperito;G;r#UJff:' 2 Vidyut Ombudsman for the State of.Telangana, First Floor, 33/i r KV substation, Hyderabad Boats CIub Lane, Iriiriini'iriri, niOLoO.O._ soO oOs. ...RESPONDENT/RESpONDENT No.6 ...RESPONDENT/PETITIONER Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to vacate the interim orders daled 26-12'2018 in WP' No' 45122 of 2018' and dismiss the writ Petition' Counsel for the Petitioner: SRI N' VINESH RAJ Counsel for the Respondents: SRI N' SREEDHAR REDDY "''" GCion TELANGANA rRANSco) The Court made the following: ORDER 1 i I 1 i i I a I , i HOt{'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No .451,22 0F 2018 ORDER: Heard Sri N. Vinesh.Raj, tearned counset appearing on behalf of the petitioner and Sri N. Sreedhar Reddy, learned Standing Counsel for TS Transco appearing on behalf of respondent Nos.1 to 6. 2 The petitioner approached the Court seeking prayer as u nder: "...to issu€t an order writ or direction more particularly in the nature of writ of Certiorari calling for the records relatinq to and in connection with the orders of the 6th responderrt dated 26-11-2018 in Appeal No,45 of 2018 and quasl-r the same along with consequential back billing dated -11-38-2018 issued by the 4th respondent also and pass...". 3, The case ot the petitioner, in brief, is that the petitioner approached the CGRF-II, Hyderabad against the claim of Rs.28,86,362/- towards back billing pertaining to the period from 10.07.2008 to 31.07.2018 by respondent No.4 for the service connection No.3414 01194. However, CGRF_iI returned the complaint on 01.10.2018 stating that the petitioner falls under Sections 126 and 127 of Indian Electricity Act, 2003 and hence t I i I i 2 \NP 45t22 2014 the said Forum had no jurisdiction to entertain the grievance. The petitioner, aggrieved by the orders of CGRF-II, Hyderabad, approached the 6th respondent vde Appeal No.45 of 2018 and the 6th respondent without considering the facts and the material available, through orders dated 26.ll.2OtB, held that the petitioner is undertaking printing job works and not manufacturing and disposed off the appeal directing the respondents to revise the back billing from April 2011 to luly, 2018. Aggrieved by the said orders dated 26.lt.2}l} passed by the 6th respondent, the present writ petition is filed. PERU ED THE RECORD

4. The releva t Dortionoft he imo uoned 2',d

8.20 t d roceedinos Dart CU US e5 e here un der: 5 Pav ent of back billed amount

5.1 If you are agreeable to the assessed amount, you may pay the amount in full within 15 days from the date of service of this order. Further proceedings to recover the assessed amount will be closed after production of a receipt towards payment of the provisionally assessed amount of Rs'2886462.0 in full, to AAO/ERO GAGANPAHAD (designated officer for payment of assessed amount), in addition to the Supervision charges of Rs.100/-. 7 3 wP 45 122 2018

5.2 ff you are not agreeable to the above assessment, you may make appropriate Representation to DEl operation fii:irvonn NAGAR,/SE/Operation RAJENDRA l,teenn (Designated Officer for appeal) within fi Oays from the date of service dr ilrls ""ti"., wilo wlll dispose off your representation after giving opportunity to you for being heard if you desire so. And mention the same in your representation.

5.3 In case there is no representation from you within 1:; days from the date of service Li tnil noti." the Electricity charges payable by you shatt be included as arrears in your subsequent C'C Oif f ,;. -

5. This Courto assed i nteri m order on 12.12 .2018 ln favou r of and the same ts extracted the Detitioner here nd r: "At request, post on Ig.l2.2OlB in motion list_I along with W.p. No. 44846 of 2018 and 44906 or 2r.rc. Meantime, there shall be interim stay of disconnecti,rn of power supply to petitioner,s Service Connection No. 34140 1 194,,. 6 is Court on

6. 2.2o18 DA ssed interi m orders tn lo er un er "Notice before admission returnable in four (4) weeks. Subject to petitioner paying 50% of the amount directed to be quantified by the ombudsman vide order dated 26.tt.20L8, in within two (2) weeks from connection shall not be Connection No.341401 194. Delete th is matter after four (4) weeks". 4 w? 45122 2018 Appeal N0.45 of 2018, today, the power supply disconnected to Service from the batch and post

7. It is submitted by the learned counsel appearing on behalf of the petitioner that the petitioner complied with the orders of this Court dated 26.12.2018 and filed proof of the same before this Court.

8. Learned Standing Counsel appearing on behalf of respondents does not dispute the said submission made by the learned counsel appearing on behalf ofthe petitioner.

9. Learned Standing Counsel appearing on behalf of the respondents 1 to 6 submits that the petitioner may be directed to approach the respondent No.3 against the order dated 31.O8.2O18 as indicated in the impugned proceedings dated 31.O8.2O18 of the 2"d respondent herein (referred to and extracted above). The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Standing Counsel appearing on behalf of the respondents 1 to 6, but i : l l I 5 \t,P 45122 2018 however, submits that the petitioner may be provided a reasonable opportunity of personat hearing. 1o. Accordingiy, the writ petition is disposed of directing the petitioner to make appropriate representation to the 3rd respondent herein against the ampugned proceedings dated 31.08.2018 passed by the 2nd respondent as indicated at Clause 5.2 ot the said order (referred to and extracted above) within a period of three (3) weeks from the date of receipt of a copy of this order. Upon receipt of the said representation of the petitioner by the 3.d respondent herein, the 3'd respondent is directecl to give an opportunity of personal hearing to the petitioner and consider and decide all the pteas as put forth by the petitioner in the present writ petition against the impugned proceedings dated 31.O9.2O1g passed by the 2nd respondent and also all other pleas in addition, legally permissible to be raised by the petitioner herein and thereafter pass appropriate orders in accordance to taw, within a period of four (4) weeks thereafter. However, there shali be no order as to costs. Till the above exercise is completed as per the darections as issued as above within the tame period as 6 stipulated as above, the respondents disconnect the power supply connection Connection No.3414Ol 194.. wP 45122 20t8 shall not Service The miscellaneous applications, if any pending, shall stand closed' //TRUE COPY// sD/- A.v.s. PRASAD ASSIST EGIS SE ON OFFICER To,

1. The Assistant Engineer, Operation, Shivrampally, TSSPDCL' Shivrampally, Hyderabad - 50O O77.

2. The Assistant Divisional Engineer, Operation, Shivrampally, TSSPDCL' Shivrampally, Hyderabad - 500 077.

3. The Divisiorial Engineer, Operation Rajendernagar, TSSPDCL, Rajendemagar, Hyderabad- 500 077.

4. Thi: Assistant Accbunts Officer, Gaganpahad, TSSPDCL, Shivrampally, Hyderabad - 500 077. NanalnigarX Road, Mehedipatnam, Hyderabad - 500 028.

5. The Superintending Engineer, Operation, Rajendema-991-TSSPDCL, 6. Vidyut Oirbudsman.for the State of Tel-angana, First Floor, 33/11 KV - - - - - Su5,station, Hyderabad Boats Club Lane, Lumbini Park, Hyderabad - 500 063 7. One CC to SRI N. VINESH RAJ, Advocate toPUCl 8. One CC to SRI N. SREEDHAR REDDY(SC FORTELANGANA TRANSCO) [OPUC]

9. Two CD Copies BN o HIGH COURT DATED:30 t01t2025 t ,l_:,,. I -rl" !.'....:\ i' :.('\ (I ), -1. t ORDER WP.No.4S122 of 2O1g [, I :r, i ') \.. -i 13 tti', tffi ,": \*' :),-,.. -: / | -\= :: -,,/ - )'/, 'Y _.--,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{- W