THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION Nos.21023 and 24010 of 2024

COMMON ORDER:

Since the lis in both these writ petition is inter se related with each other, they are taken up together and being disposed of by this common order.

2) Writ Petition No.21023 of 2024 is filed seeking the following relief:

“… calling for the records and to quash the orders dated:

14.12.2023 in C.G.No. 197/2023-24/Rajendranagar Circle as arbitrary, illegal unjust and contrary to the law and facts of the case and quash the same and pass……….”

3) Writ Petition No.24010 of 2024 is filed seeking the following relief:

“… declaring the action of the Respondents in disconnecting the power supply of the petitioner on 29.8.2024 for S.C. No.RJN 1561 as illegal, arbitrary and unjust and consequently set aside the letter issued by the SAO, Rajendranagar, TGSPDCL, Nanalnagar X Road, Rethibowli, Hyderabad – 500 028 vide letter No.SE/Op/RJNR/SAO/JAO/HT/D.

No.301/24 dated 2.8.2024 and pass …”

4) For narrating the facts leading to filing of these writ petitions, which are as under, the parties are referred to as arrayed in W.P. No.21023 of 2024:

4.1) Respondent No.1 is a Company involved in manufacturing of plastic bottles in the premises situated at E-10/IDA/Katedan, and it is provided with a service connection bearing SC No. RJN-1561 under HT Category. While so, on 10.03.2023 inspection of the said premises was conducted by the Divisional Engineer, Detection of Pilferage wing, in the presence of Mr. Khailash, Manager of R.1 Company, wherein one more service connection was found in the same premises bearing SC No.340506176 standing in the name of M/s.Kalika Polymers and respondent No.1 was utilizing the power supply for the same activity of packaging of plastic bottles. During the inspection, it was further found that the entrance of both the factories is common and the power supply from both the service connections is being utilized for manufacturing of end products i.e. plastic bottles. Based on the Inspection Report, the show cause notice dated 12.04.2023 was issued to respondent No.1 seeking to submit objections as to why the service connections should not be clubbed and billed together. As Respondent No.1 has not submitted any objections, the service connections were back billed by letter dated 19.06.2023 duly clubbing both the service connections under HT Category-1 for the period from April, 2022 to May, 2023, and respondent No.1 was requested to pay the difference amount of Rs.6,07,783/-. Thereafter, a provisional assessment back billing notice dated 28.06.2023 was issued to respondent No.1 assessing the revenue loss of Rs.6,07,783/-. Aggrieved by the same, respondent No.1 has filed a complaint before Consumer Grievance Redressal Forum (CGRF) of TSSPDCL i.e. respondent No.2 herein vide C.G. No.197/2023-24/Rajendra- nagar circle. Vide order dated 14.12.2023 respondent No.2 has allowed the matter directing the petitioners herein to withdraw the back billing case amount of Rs.6,07,783/- included in CC bill for the month of July, 2023 and also to revise the bills considering the date of inspection i.e. 10.03.2023 under clubbing of services.

Aggrieved by the same, TSSPDCL has filed W.P. No.21023 of 2024.

4.2) Subsequently, petitioner No.6 has issued another notice vide Lr.No.SE/Op/RJNR/SAO/JAO/HT/D.No.301/24, dated 2.8.2024, to respondent No.1 directing to arrange the back billing amount of Rs.6,07,783/- immediately to avoid disconnection of supply, purportedly on the basis of the order dated 14.12.2023 passed by CGRF. Aggrieved by the same, respondent No.1 filed W.P.No.24010 of 2024 wherein this Court has granted interim order on 30.08.2024 directing restoration of power supply.

5) Heard Sri N.Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing for petitioners in W.P.No.21023 of 2024 and respondents in W.P. No.24010 of 2024, and Ms. Nishta, learned counsel, appearing for respondent No.1 in W.P. No.21023 of 2024 and petitioner in W.P. No.24010 of