IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 18265 OF 2024

27.11.2025 Between:

Welfare Association of Rain Tree Park Rep. by its General Secretary Mogili Prabhakar Rao .. Petitioner And Southern Power Distribution Company of Telangana Limited rep. by its Chairman-cum-Managing Director And five others ..Respondents

O R D E R:

Petitioner Welfare Association registered under the Telangana Societies Registration Act, 2001, vide Registration No. 312 of 2009, asserts that the Association shoulders the responsibility of overseeing and maintaining the internal functioning of a large residential township known as "Rain Tree Park," also commonly referred to as the Malaysian Township situated within Kukatpally Housing Board limits. It is stated, the township comprises 1,776 apartment units and one independent villa, collectively accommodating approximately 6,000 residents. Petitioner in discharge of its statutory and functional obligations, undertakes several essential services indispensable to the daily functioning of the township; these include providing and coordinating security for the residents; ensuring uninterrupted operation of internal street lighting and garden illumination; distributing water to all apartments, common areas, gardens and clubhouses; maintaining and operating the sewerage treatment plant; undertaking landscaping activities including development and upkeep of greenery; managing garbage collection and disposal; ensuring regular pest control; providing housekeeping services; maintaining and operating lifts; operating and maintaining diesel generators for emergency power backup; ensuring the functioning of fire-fighting systems at all times; and attending to repairs and upkeep of roads, open spaces, tot-lots, parks, transformers, streetlights, water tanks, sumps, drainage lines, pumps, motors, and all other common areas meant for the use and benefit of the residents of the township.

1.1. Petitioner states that the operational area of the township extends to approximately 25.5 acres out of a total area of about 34 acres as per the approved drawings. The Association presently holds only four Category-II service connections, each of which is expressly used for specific commercial or non- residential establishments situated within the township, namely two clubhouses, one medical shop and a supermarket operating from Clubhouse-3, and a water plant. These commercial establishments are independently operated and are separately billed under LT Category-II in accordance with the applicable tariff classifications. Service Connection No. 371001825 which is the subject matter of the present Writ Petition was sanctioned and has been in continuous operation since 2007 under LT Category-1 (Domestic). It has always been used exclusively for internal street lighting, garden lighting and water pumps catering to common residential needs. According to petitioner, these uses are form an integral part of residential township maintenance and cannot, by any stretch of interpretation, be categorized as ‘non-domestic’ or ‘commercial’ in nature. Classification of such usage as ‘commercial’ is patently erroneous and contrary to the very purpose for which a residential township Association operates.

1.2. It is contended by Petitioners that, contrary to these facts, respondents issued a Provisional Assessment Order dated 13.03.2024 in Case No. DPE/VKB/SD02/2475/24 under Section 126 of the Electricity Act, 2003, alleging unauthorized use of electricity and proposing to reclassify the said service connection under LT Category-II (Non-Domestic/Commercial). On receipt of the said order, it promptly submitted objections on

18.03.2024 to the 4th respondent, however, without properly appreciating the objections or the true nature of the usage of the service connection, the 4^th respondent passed a final order dated NIL, confirming the provisional assessment, directing payment of Rs. 4,45,