B. Chandrasekhar Rao, v. Telangana State Southern Power Distribution Company Limited,
[ 3230 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 27146 OF 2019 Between:
B. Chandrasekhar Rao, S/o. Laxminarayana, aged about 60 years, Fi,/o. H.No.3-4-54'l , Near Reddy Women's Hostel, Narayanguda, Hyderabad - 500 o27 '
...PETrroNER AND 'l . Telangana State Southern Power Distribution Company Limited, Vidyuth Soudha, Somajiguda, Hyderabad Rep. by its Chairman-cum-Managing Director.
2- The Chief General [t/anager (Finance), T.S. Southern Power Drstribution Company Limited, Mint Compound, Hyderabad.
3. The Divisional Engineer (Operations), T.S.S.P.D.C.L., Azamabad, Hyderabad.
4. The Assistant Divisional Engineer (Operations), T.S.S.P.D.C.L., Azamabad, Hyderabad.
...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or direction declaring the action of the respondents in issuing the impugned proceedings Lr. No.ADE/Op/AZBD/D-V|/C-l I /Hyd/D.No.755/1 9, dtd. 05-08-201 9 as illegal, arbitrary and with non-application of mind and consequently to set-aside the same lA NO: 1 OF 2019 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 direct the respondents not to disconnect the electricity connection for SC No.F3000954 Counsel for the Petitioner: SRl. K. L. N. RAGHAVENDRA REDDY Counsel for the Respondents: SRl. R. VINOD REDDY(SC FOR TSTRANSCO) The Court made the following: ORDER
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.27146 of 2019
ORDER
This Writ Petition is with the following prayer; "to issue a Writ of Mandamus or any other appropriate Writ or direction declaring the action of the respondents in issuing the impugned proceedings Lr.No.ADE/Op/AZBD/D-V|/C-ll/Hyd/D.No. 755/19 dated 05 08-2019 as illegal, arbitrary and with non-application of mind and consequently to set-aside the same". 2.
When the matter came up on 06-12-2019, this Court has granted interim direction to the respondents not to disconnect the electricity supply for S.C.No.F3000954 and directed the respondents to issue fresh demand in terms of Clause No.7.5.1 .4.4. of the General Terms and Conditions of supply as notified by the Electricity Regulatory Commission and as and when such a demand is made, the petitioner shall pay the same subject to the final assessment to be made by the respondents in accordance with the procedure prescribed. \ 3.
Learned counsel for the petitioner Mr. KLN Raghavendra Reddy submits that pursuant to the orders passed by this Court, the respondents have issued a fresh demand notice on 27 -O1-2O2O and a copy of the same is also filed along with the counter. He submits that there is no mistake on the part of the consumer and it is for the respondents to look out the same and the petitioner has been made to suffer for no fault of him.
LK. .] W P No.27146 of 2019 4.
Learned Standing Counsel for respondent Nos. t to 4 t\/ r. R. Vinod Reddy submits that whenever there is a demand as per Clause No.7-5.1 .4-4, within one year, the respondents can reassess the bill and within one week they can ratse the said demand. 5.
Learned counsel for the petitioner submits that already a notice was given to the petitioner and as the petitioner is also disputing the authority of the respondents, he will approach respondent No.3Divisional Engineer (Operations), TSSpDCL, Azamabad, Hyderabad. 6.
Accordingly, the Writ petition is disposed of giving liberty to the petitioner to approach respondent No.3 by way of a representation within three weeks from the date of receipt of a copy of this order and on receipt of the same, respondent No.3 shall pass appropriate orders within two weeks thereafter. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed SD/. K.SREERAMAMURTHY AssisiANrrEbiSrian / //TRUE COPY// \_ -(/>'- | SEGTION OFFICER To, The Chairman-cum-Managing Director, Telangana State Southern Power Distribution Company Limited, Vidyuth Soudha, Somajiguda, Hyderabad The Chief General Manager (Finance), T.S. Southern Power Distribution Company Limited, Mint Compound, Hyderabad.
The Divisional Engineer (Operations), T.S.S.P.D.C.L., Azamabad, Hyderabad. The Assistant Divisional Engineer (Operations), T.S.S.P.D.C.L., Azamabad, Hyderabad.
One CC to SRl. K. L. N. RAGHAVENDRA REDDY, Advocate [OPUC] One CC to SRl. R VINOD REDDY(SC FOR TSTRANSCO) Advocate IOPUC] Two CD copies BM GJP o I ,J
HIGH COURT DATED:0410112023 1$E STAI€:
/, ,) 'f '
riB ?ul d o1
ORDER
?
WP.No.27146 of 2019 I , I c DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ (n t9 Ir lr-)