M/S. Pragathi Polymers, v. Telangana State Southern Power Distribution Company Ltd.,

THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.2447 OF 2015 DATED: 23.03.2015 Between:

M/s. Pragathi Polymers Rep. by its Proprietor Sujith Thakur .. Petitioner And Telangana State Southern Power Distribution Company Ltd., Rep. by its Chairman & Managing Director and others. .. Respondents THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.2447 of 2015 ORDER:

Heard the learned counsel appearing for the petitioner and the learned Standing Counsel for the Telangana State Southern Power Distribution Company Limited (TSSPDCL).

In the present writ petition, it is the case of the petitioner that its previous service connection bearing No.RRN-1106 was terminated and a new service connection bearing No.MDK-1005 was obtained and that thereafter it has made a representation to the respondents requesting them to transfer the arrears of FSA charges relating to the previous service connection to the new one, but the same has been rejected.

Admittedly, the issue relating to payment of FSA charges levied by the respondents-TSSPDCL on various consumers including the petitioner is the subject matter of several writ petitions and the matter is also sub judice before the Supreme Court.

Learned counsel appearing for the petitioner submits that the petitioner undertakes to pay the FSA charges as per the decision that would be taken by the Supreme Court and hence no prejudice would be caused to the respondents if the arrears of previous service connection are transferred to the new connection. An identical issue fell for consideration of this Court in W.P.No.977 of 2015, which was disposed of on 28.01.2015 with the following directions:

"The petitioner shall file an undertaking before the respondent authorities that it would discharge the liability of the previous service connection and that the said liability shall form part of the liability of the present new service connection, which shall be discharged by the petitioner, subject to orders that would be passed in the matter, which is subjudice referred to above. Subject to such undertaking, the respondent authorities are directed to consider the request of the petitioner in accordance with law."

In view of the above, this writ petition is also disposed of in terms of the aforesaid judgment and the respondents are directed to transfer the FSA arrears pertaining to the petitioner's previous service connection bearing No.RRN-1106 to its new service connection bearing No.MDK-1005, subject to the petitioner furnishing an undertaking to pay the arrears as per the decision that would be taken by the Supreme Court in the pending matters.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

____________________ JUSTICE R. KANTHA RAO 23rd March, 2015 IBL