THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.3767 of 2025

ORDER:

This Writ Petition is filed seeking the following relief: “… declaring the action of the Respondents more particularly Respondent No.4 in rejecting the application of the petitioner dated 27.12.2024 for release of new electricity connection under Industrial Category vide Letter bearing Lr. No. ADE/OP/BLNR-SD XVI/ D.No.1055/2024-25, dated 24.01.2025 as illegal, arbitrary, unjust, and contrary to Article 14, 19 and 21 A of the Constitution of India and may be pleased to set aside the rejection letter dated 24.01.2025 in the interest of justice.”

2) Heard Sri R. Vinod Reddy, learned counsel for the petitioner, learned Government Pleader for Energy for respondent No.1, Sri N. Sreedhar Reddy, learned Standing Counsel, appearing for respondent Nos.2 to 4, and learned Government Pleader for Industries & Commerce for respondent No.5.

3) Learned counsel for the petitioner has contended that erstwhile Government of Andhra Pradesh has established a Cooperative Industrial Estate Limited, Balanagar, in the land admeasuring Acs.47-00 guntas and the said land was allotted to the Cooperative Industrial Estate Unit Holder Association. Ever since the allotment, the members of the said Association are in possession and are carrying on the industrial/manufacturing activities. Further, some of the original allottees have leased out different portions of the land to some individuals who are also carrying on industrial activities. Likewise, petitioner has taken on lease a portion of industrial area admeasuring 300 sq. mtrs. allotted to one Mr. D. Sudershan and the service connection was being utilized by all the persons in common. In the said land, petitioner has established a small scale industry in the name of M/s.Umark Apparels and the said industry is registered under Micro, Small and Medium Enterprises (MSME) on 09.10.2013 and accordingly petitioner has been manufacturing various products such as tableware, kitchenware, furniture as per the demand in the market. Learned counsel has further stated that the Cooperative Industrial Estate has been established in the year 1961 and since then industries are functioning in the entire industrial area. Further, the original allottees and the tenants are repeatedly requesting the government to regularize the land to enable the lease holders to utilize the regular land for industrial purpose by erecting industrial sheds, etc. Further, vide Memo dated 28.02.2019, the Government of Telangana, Industries and Commerce Department, directed to maintain status quo in respect of the subject land. It is further contended that the GHMC has served Occupier Notice dated 17.09.2020 issued under Section 276 of the HMC Act, 1955, on the petitioner to pay the outstanding taxes in respect of the subject premises i.e. H.No.6-9-10/NR, Plot No.A-9, CIE-Balanagar, Medchal-Malkajgiri District, and in compliance thereof, petitioner has paid Rs.10,600/- towards its share in municipal taxes and thereafter, petitioner has submitted a representation dated 30.09.2022 to respondent No.5 to regularize the land which is in its possession. Vide letter dated 26.10.2022, petitioner was informed to pay an amount of Rs.1,81,55,280/- for conversion of the said land and submit proof thereof. Further, as the amounts demanded are disproportionate to the incomes generated by small scale industries, Association filed W.P. No.2811 of 2023 and tenants have filed W.P. Nos.27094 and 26096 of 2023 and negotiations of lease holders/sub lease holders with Government are in progress. Learned counsel has further submitted that in pursuance to the demand notice dated 26.10.2022 and to show bonafides, petitioner paid Rs.1,00,000/- on 30.12.2022 and Rs.5,00,000/- on 04.04.2023. Learned counsel has submitted that as the petitioner has no electricity at present to the subject premises, it is unable to undertake manufacturing activities. As such, petitioner submitted an online application