Md. Fiazuddin v. The Southern Power Distribution Company Of Telangana Limited

[ 3300 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 32739 OF 2023 Between:

Md. Fiazuddin, Clo. Khaza Mohiuddin, Age 46 years, Occ Business, Ri/o H.No.7- 56, Patanwadi, Devarakonda Village and Mandal, District Nalgonda. PETITIONER AND The Southern Power Distribution Company Of Telangana Limited, Rep by its Chairman and Managing Director, IVint Compound, Hyderabad. The Assistant Divisional Engineer (Operation), The Southern Power Distribution Company Of Telangana Limited, Devarakonda, District Nalgonda. The Assistant Accounts Officer, ERO. Devarakonda, District Nalgonda. The Assistant Engineer, Devarakonda, District Nalgonda.

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hiqh Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the impugned notice vide Lr. No. ADE/OP/DVKD/F.NO.PAO/D.No.23l'1 '1016 dt. 15 11.2023 of the 2nd respondent as highly illegal, arbitrary and unjust and consequently, set aside the same. lA NO: 1 OF 2023 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 grant stay of the operation the impugned order passed by the 2nd respondent vide Lr.No.ADE/OP/DVKD/F.NO.PAO/D.No 23l11O16 dt. 15 1 1.2023 pertaining to premises bearing No. 7- 56 of Patanwadi.

Nalgonda District, vide service connection No.4201412482 pending disposal of the above writ petition.

Counsel for the Petitioner: SRI PRAVEEN KUMAR VEERJALA Counsel forthe Respondents: SRI R.VINOD REDDY, SC FOR TSSPDCL The Court made the following: ORDER :

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAXA WRIT PETITION No.32739 OP 2023 ORDER:

This Writ Petition is Iiled seeking a writ of Mandamus declaring the impugned notice in letter No.ADE/OP/DVKD/P.No.PAO/D.No.23I 11016, dated I5. I1.2023 of the 2nd respondent as illegal and arbitrary and consequently to set-aside the same and to pass such other order or orders.

I 2.

Helrd learned counsel for the petitioner and Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL appearing for the respondents. I With their consent, this Writ Petition is disposed of. I 3.

When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the issue raised in the present writ petition is squarely covered by the orders passed b1' this Court in W.P.No.7785 of 2019, dated 15.O4.2O19 and W.P.No.2884 of 2020, dated 13.02.2020.

4.

The above said submission is not disputed b_v the learned Standing Counsel appearing for the respondents. 5.

In view of the same ald for the reasons alike in the order dated i5.O4.2O19 passed in W.P.No.7785 of 2O19, the present Writ Petition is disposed of directing the respondents to restore the pou'er supply subject

wP_32739_2023 NBK, J to the petitioner depositing 5O% of the amount assessed in the impugned letter dated 15.11.2023. If the petitioner complies with the directions of this Court, the respondents shalt not demand the ba-lance amount till the issue is decided under Section 154 of the Electricity Act, 2O03. The petitioner shall pay the monthly consumption charges as per the monthly bills. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

SD/-C.PRAVEEN KUMAR ASSISTANT REGISTRAR /at-- SECTION OFFICER To, //TRUE COPY//

1. The Chairman and Managing Director, Southern Power Distribution Company Of Telangana Limited, Mint Compound, Hyderabad.

2. The Assistant Divisional Engineer (Operation), The Southem Power Distribution Company Of Telangana Limited, Devarakonda, District Nalgonda.

3. The Assistant Accounts Officer, ERO, Devarakonda, District Nalgonda.

4. The Assistant Engineer, Devarakonda, District Nalgonda.

5. One CC to SRI PRAVEEN KUMAR VEERJALA, Advocate [OPUC]

6. One CC to SRI R.VINOD REDDY, SC FOR TSSPDCL [OPUC]

7. Two CD Copies BSR SB

HIGH COURT DATED: 0611212023 '( E sTATt >"

s 5 FtB ?t2q f, io() rl .\ .+ \

ORDER

-P .t r'

WP.No.32739 of 2023 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ff.'

$ 31i'r 3.t*-