HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 27514 OF 2025

O R D E R:

The petitioner seeks a declaration that the action of respondents in disconnecting the power supply to Service Connection No. 562500810 on 09.09.2025 is arbitrary, illegal, and violative of the provisions of the Electricity Act, 2003 and the General Terms and Conditions of Supply and for a consequential direction to restore the power supply and implement the Award dated 29.01.2025 passed by the Hon'ble Vidyut Ombudsman, Telangana State, in Appeal No. 42 of 2024- 25. Petitioner also seeks a direction to respondents to comply with the said Award by removing the HT flag, revising the electricity bills for the period from April 2020 to September 2023 by limiting the HT billing only to the extent of excess demand recorded over and above 75 KVA, and refunding the balance amount with interest at 9% per annum as directed therein.

2. The case of petitioner is that it is an LT-III (Industrial) category consumer having a contracted load of 99 HP for Service Connection No. 562500810 situated at Pasumamula Village, Hayathnagar Mandal, Ranga Reddy District. It has been carrying on industrial activity for several years and regularly paying electricity charges in accordance with the applicable tariff. From April 2020 onwards, respondents, without any notice or justification, altered billing of its service connection from LT-III (Industrial) to HT-1 (11 KV) Industrial category, thereby levying a substantially higher tariff. Petitioner contends that such change of category is contrary to the provisions of the Retail Supply Tariff Order and the General Terms and Conditions of Supply (GTCS) and that respondents had no authority to do so without affording an opportunity of hearing.

2.1. Aggrieved by the said action, petitioner filed complaints before the Consumer Grievance Redressal Forum, Greater Hyderabad Area, in CG Nos. 27 and 38 of 2020-21. The Forum dismissed both the complaints by the common order dated 30.09.2020, holding that billing under HT-I category was proper. Petitioner, thereafter, preferred Appeal No. 17 of 2020- 21 before the Vidyut Ombudsman, Telangana State. The said Appeal was allowed by Award dated 15.01.2021. However, the said Award was set aside by this Court in Writ Petition No. 9257 of 2021 by order dated 10.12.2024, and the matter was remitted for reconsideration by a duly qualified Ombudsman. Upon remand, petitioner again filed Appeal No. 42 of 2024-25 before the Vidyut Ombudsman, who, after hearing both the sides and examining the record, passed the Award dated 29.01.2025 directing respondents to remove the HT flag, to revise the electricity bills for the period from April 2020 to September 2023 limiting the HT billing to the demand recorded in excess of 75 KVA and to refund the balance amount to petitioner with interest at 9% per annum.

2.2. Petitioner states that the said Award has attained finality since the interim stay granted in Writ Petition No. 5970 of 2025, filed by the licensee against the said Award, was vacated on 04.08.2025. It is contended that despite the Award being in force, respondents have failed to comply with the same. Petitioner therefore, is stated to have addressed letter dated 31.01.2025 and several subsequent representations to respondents enclosing the Award and seeking implementation thereof. Since respondents failed to refund the excess amounts, it adjusted the refundable amount determined under the Award towards its monthly current consumption bills for February to September 2025. As on 17.09.2025, a credit balance of Rs. 11,31,351 stood in favour of petitioner. They have also submitted monthly statements reflecting such adjustments to the Superintending Engineer concerned.

2.3. It is alleged that without any prior notice or justification, respondents disconnected power supply to petitioner's industrial premises on 09.09.2025. Petitioner asserts that disconnection was carried out despite the existence of a credi