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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 19827 OF 2021 Between:
Smt. Zaibunnisa, W/o Syed Zaheeruddin, aged about 55 years, H.No. 10-4-771182C11 , Ahemadnagar, Masab Tank, Hyderabad, Service Connection Bearing No. A4010269, CaLI(B)
T L ...PETraoNER AND
1. The Southern Power Distribution Company of Telangana Limited, rep. by its Chairman and Managing Director, lt4int Compound, Hyderabad, Telangana State.
2. The Assistant Divisional Engineer, Operation, The Southern Power Distribution Company of Telangana Limited Mehedipatnam, Hyderabad.
3. The Assistant Accounts Officer, ERO-XIX, Electricity Revenue Office, The Southern Power Distribution Company of Telangana Limited, Rethi Bouli, Hyderabad.
...RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order of direction more particularly one in the nature of Mandamus declaring the impugned notice in Letter. No.ADEIOPIO-27lMPl.No.Apr-l67/21.D.No. 253 dated 22.04.2021 of the 2nd respondent as highly illegal, arbitrary and unjust and consequently, set aside the same lA NO: 1 OF 2021 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 petitioner's power supply pursuant to the impugned notice in Letter No. AOEIOPID-27llVP/F.No.Apr-167/21.D.No.253 dated 22.04.2021 of the 2nd respondent pending disposal of the above Writ Petition Counsel for the Petitioner : SRI G.CHANDRA SHEKAR RAO Counsel for the Respondents : SRI R.VINOD REDDY SC FOR TSTRANSCO The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K'LAKSHMAN WRIT PETITION No.19a27 0F 2021 ,,1.
ORDER:
lr'
HeardthelearnedcounselforthepetitionerandSriR'Virrod Reddy, learned Standing counsel appearing for the respondents' With of at the stage of their consent, this Writ Petition is disposed admission itself.
WhenthematteliStakenupforhearing,thelearnedcounselfor the petitioner has submitted that the issue raised in the present writ petition is squarely covered by the orders passed by this Court in of 2019 dated 15.04.2019 and W'P'No 2884 of 2O2O W.P.No.7785 dated 13.02.202O.
is not disputed by the learned The above said submission Standing Counsel appearing for the respondents'
In view of the same and lor the reasons alike as were stated in in 7785 of 2019 the the order dated 15'04 2019 passed W P No present Writ Petition is disposed of directing the respondents not to disconnect the power supply subject to the petitioner depositing 5070
1 lf in the impugned letter dated 22 'O4 '202 of the amount assessed with the directions of this Court' the the petitioner complies shall not demand the balance amount till the issue is respondents decided under Section 154 of the Electricity Act' 2003 The petitioner shall pay the monthly consumption charges as per the monthly bills'
No order as to costs The Miscellaneous Petitions pending in this writ petition, if any, order'
shal1 stand closed in the light of this final SD/-V.SUDHA ASSISTANT REGISTR'"R COPY// V/
//TRUE SECTION OFFICER yof on "i:]r'
$-$ffi *luriliru#*m*
/*?N HYderabad'
4. One CC to Sri G.Chandra Shekar Rao, Advocate IOPUC]
5. One CC to Sri R.Vinod Reddy, SC for TSTRANSCO [OPUC]
6. Two CD Copies
7. One Spare Copy (Along with a copy of the order dated 1510412019 in WP No. 7785 of 20'19 and
K1
HIGH COURT DATED:2410812021 ORDER 1t\E D r^ f(
a WP.No.19827 ot 202'l ir15 SEP2021 o *
DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
fl
I all HONOURABLE SRI JUSTICE P.NAVEEN RAO
1VRIT PETITION NO.7 850 20t9 F''
ORDER:
Petitioner is aggrieved by the notice dated
08.03.2019 informing him of the provisional assessment amount levied on petitioner on the allegation of thelt of energr, subject to determination of civil liability under Section 154 of the Electricity Act, 2003 (Act, 2003), and the criminal liability under Section 135 of the Act, 2003. The amount quantified is { 8,35,123/_.
2.
Since the issue is yet to be adjudicated under Section 154 of the Act, 2003, no opinion can be expressed at this stage on the demand made. However, in order to balance the respective claims, the respondents are directed to provide reconnection of power supply subject to petitioner depositing 50% of the amount assessed in the impugned letter, and payment of reconnection charges. If petitioner complies with the Court directions and reconnection of power supply is provided, respondents shall not demand balance amount till the issue is decided under Section 154 of the Act, 2003. Reconnection and continuous supply of electricity depends on compliance of alI other requirements. Writ Petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed.
JUSTICE P.NAVEEN RAO Date: 15.04.2019 kkm HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVITI wRIT PETITloN NO.2884o 2020 ORDER:
the motter is token uP for heoring'
When leorned counsel on either side foirly concede thot the issue involved in this writ petition ls squorely covered by the order doted 15'04'2019 possed by this Court in Writ Petition No 77B5 of 2019'
ln view of the soid submission' following the order doted
15.04.20l9 in Wril Petition No.7785 ot 2019' this Writ Petition is disposed of directing the respondents to provide reconneclion of power supply subjecl to petitioner depositing 50% ol the omount ossessed in the impugned letier doted 26.04'2016 ond poyment of reconnection chorges. lf the petitioner complies wi.th the directions of this Court ond reconnection of power supply s provided, the respondents sholl not demond the bolonce omou,,]t till the issue is decided under Section 154 of the Electricity Acl,2003' Reconnection ond co
