HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.5058 of 2025

ORDER:

Heard Sri Lakshmikanth, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.2 to

9.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in directing the respondents Nos.4 to 9 to club the services and revise the bills with effect from the date of inspection i.e., 25.11.2023 within (21) days from the date receipt of orders dt 26-10-2024 and shall file compliance report as illegal, arbitrary in contrary to Electricity Act 2003, violative of TGSPDCL terms and conditions in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently declare the Notice vide Lr.No.ADE/Op/Tandur D.No.4054 dated 20-12-2023 in Case No.DPE/VKBD/1392/23 of respondent No.4 as illegal, arbitrary and set aside the same direction and notice with a direction to the respondents Nos.4 to 9 to issue fresh current charges notice to the petitioner unit service S. No.2225000396 by deleting back billed and other charges amount and pass…”.

3. The case of the petitioner, in brief, is that the petitioner is running stone polishing and calibration business premises in land admeasuring 512.5 sq. yards in Sy.No. 115, Malreddy Pally Village, Tandur Mandal, Vikarabad, Telangana. The petitioner had been availing power supply vide SC No. 2225000396 (43 HP) 3A Industries Category and had been making regular payments in respect of consumption charges. Thereafter the petitioner had gifted land admeasuring 500 sq. yards each to his two sons viz., Kotta Abhilash and Kotta Murari under two separate unregistered gift deeds dated 24.03.2021. Both the sons of the petitioner are running their own business of stone polishing and calibration under different electricity service connections in the land allotted to them by the petitioner.

3 (i). It is further case of the petitioner that the respondent No.4 without proper inspection had issued Lr.No. ADE/OP/Tandur/D.No. 4054, dated 20.12.2023 assessing back billing of petitioner’s electricity service connection SC No.

2225000396 by clubbing with two service connection Nos.2236004467 and 2226002754 of the petitioner’s sons. The petitioner had submitted a representation dated 01.02.2024 to the respondent No.7 requesting to assess back billing only with respect to the petitioner’s electricity service connection and to drop further proceedings. The petitioner again submitted representations dated 22.06.2024 and 07.08.2024 before the 2^nd respondent in pursuance to the notice dated 20.12.2023. The 2^nd respondent registered C.G. No. 50/2024-25/VIKARABAD CIRCLE and passed orders dated 26.10.2024 and partly allowed the case but the respondent No.2 erroneously directed the respondents to club the services and revise the bills with effect from the date of inspection i.e. 25.11.2023 within (21) days. Further, the respondent No.2 directed the respondent Nos.4 to 9 to withdraw the back billing case against the subject SC No. 2225000396, however, the respondent Nos.4 to 9 have illegally issued demand notice dated 06.02.2025 for Rs.6,61,119/- by adding fixed charges including back billed. On 11.02.2025 the respondents have high handedly and unilaterally disconnected the electricity supply of the petitioner unit SC No. 2225000396. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondents submits that against the impugned order dated 26.10.2024 passed by the Consumer Grievances Reddressal Forum-II, Hyderabad vide C.G. No.50/2024-25/VIKARABAD CIRCLE, the petitioner has remedy of preferring appeal to ‘V