Syed Sami Pasha v. The State Of Telangana, And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.5089 of 2020

ORDER

This writ petition is filed seeking the following relief: "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.3 in issuing Notices vide Lr.No.ADE/OP.Ibrahimbagh/D.No.2001, dated 08/05/2018 and Lr.No.

ADE/OP/Ibrahimbagh/D.No.2002, dated 08.05.2018 and not supplying the power supply to petitioner's House No.9-5-1/A/7/A3, situated at Ibrahim Bagh, Golkonda, Hyderabad, as illegal, null, void, arbitrary and set aside the said notices consequently direct the respondents to release the power supply to petitioner's House No.9-5-1/A/7/A3, situated at Ibrahim Bagh, Golkonda, Hyderabad forth with and to pass such other order or orders."

Heard learned counsel on either side.

It is the case of the petitioner that he is doing business under the name and style of "M/s.Ashraf Coffee House" since 14.3.2012. He is a tenant and regularly paying the rents. Since electricity dues are pending, the 3rd respondent issued notice on 8.5.2018 to the owner of the premises and stopped the power supply to the subject premises.

Learned counsel appearing for the petitioner contended that total electricity consumption charges are Rs.2,43,591/- (Rs.1,49,462/- + Rs.94,129/-) and the petitioner is willing to

pay the total outstanding dues provided he is permitted to pay the same in five equal monthly instalments. It is prayed that appropriate orders be passed in the writ petition directing the respondents to restore the power supply to the subject premises and permit the petitioner to pay the total outstanding dues in five instalments.

Learned Standing Counsel appearing for the respondents contended that let the petitioner submit a representation to the Chief General Manager, who would consider the same and pass appropriate orders, in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that this writ petition can be disposed of directing the petitioner to submit a representation to the Chief General Manager seeking to pay the total outstanding dues in five equal monthly instalments within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the Chief General Manager shall consider the same and pass appropriate orders within a period of four weeks thereafter. Meanwhile, if the petitioner pays an amount of Rs.50,000/- towards consumption charges, the respondents shall consider his case for restoration of power supply.

Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 06.03.2020 rkk