M/S.Sir Sai Industries v. Telangana State Southern Power Distribution Corporation Ltd.,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.4117 of 2020 ORDER:

This writ petition is filed seeking the following relief :- " .....to issue an appropriate writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in imposing fixed charges of Rs.93,063/ and disconnecting the service connection No.BZ965049 is in violations of the Fundamental Rights of the petitioners more particularly under Articles 14 and 21 of the Constitution of India apart from being in violation of principles of natural justice and contrary to the Electricity Act, 2003......" .

Heard Mr.S.Goutham, learned counsel appearing for the petitioners and Sri R.Vinod Reddy, learned Standing Counsel appearing for the respondents.

Learned counsel appearing for the petitioners contended that the respondents, without assigning any reasons, have issued notice dated 20.01.2020, wherein the petitioners were asked to pay an amount of Rs.93,063/ -, failing which, the electricity service connection would be disconnected. Thereafter, the petitioners have paid an amount of Rs.15,000/ - to the respondents and the electricity service connection was restored. Again, the respondents have disconnected the power supply on 20.02.2020. He further submits that no reasons or details are mentioned in the notice dated 20.01.2020 and the petitioners are willing to pay an amount of Rs.30,000/ - in addition to the amount of Rs.15,000/ -, which was already paid by them. The petitioners have submitted a representation to the respondents on 19.02.2020. Therefore, appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the

petitioners and restore power supply to the petitioners' electricity service connection, as the petitioners are willing to pay an amount of Rs.30,000/ - and pass appropriate orders in accordance with law. Learned Standing Counsel appearing for the respondents contended that the cases of the petitioners would be considered and appropriate orders would be passed on the representation submitted by the petitioners. Further, the respondents would restore the power supply to the petitioners' electricity service connection, if the petitioners pay an amount of Rs.30,000/ - in addition to the amount of Rs.15,000/ -, which they have already paid.

This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the petitioners to pay an amount of Rs.30,000/ - in addition to the amount of Rs.15,000/ -, which was already paid, within two weeks from the date of receipt of a copy of this order. Thereupon, the respondents shall restore the power supply to the petitioners' electricity service connection and pass appropriate orders on the representation submitted by the petitioners within eight weeks thereafter.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 25-02-2020 Note:

Issue CC by tomorrow (B/ o) Prv