I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.34539 OF 2024 Between:

The Chief General Manager (Commercial), Telangana State Sourthern Power Distribution Company Limited (TSSPDCL) and Others … Petitioners And Sri Abbineni Narayana Rao and Other … Respondents JUDGMENT PRONOUNCED ON: 28.10.2024 THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes.

see the fair copy of the Judgment?

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MRS. JUSTI CE SUREPALLI NANDA I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No. 34539 OF 2024 % 01.05.2025 Between:

# The Chief General Manager (Commercial), Telangana State Sourthern Power Distribution Company Limited (TSSPDCL) and Others … Petitioner And $ Sri Abbineni Narayana Rao and Other … Respondents Gist:

> Head Note:

! Counsel for the Petitioners : Sri N.Sreedhar Reddy,learned standing counsel ^ Counsel for Respondents: Ms. Nishtha ? Cases Referred:

(1) 2023 LiveLaw (SC) 453 HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.34539 OF 2024

ORDER:

Heard Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the petitioners and Ms. Nishtha, learned counsel appearing on behalf of the respondent No.1.

2. The petitioners approached the Court seeking prayer as under:

“.........to issue a writ order or direction more particularly one in the nature of writ of certiorari by calling for the records and to quash the orders dated 09.09.2024 in Appeal No. 20 of 2024-25 and Appeal No. 23 of 2024-25 as arbitrary illegal, unjust and contrary to the law and facts of the case and to quash the same and pass........”

3. The case of the petitioners, in brief, as per the averments made by the petitioners in the affidavit by the petitioners in support of the present writ petition, is as under:

The 1st respondent has given his premises bearing House No.5-9-285/12 on lease to one Mr. G.Ram Reddy in the year 2006 and the lessee Sri G.Ram Reddy had established a Pharma Company in the name of M/s. Meghana Pharma Company and has obtained a H.T.Service Connection bearing SC No.SEC1677, the said Service Connection was released on 28.12.2007 with a contracted maximum demand of 145 KVA under H.T.Category-I and the said Mr.G.Ram Reddy, had defaulted in payment of the current consumption charges from the month of April, 2014, as the current consumption charges were not paid the service connection was disconnected on 01.04.2013 and the same was terminated on 31.08.2013, the dues as on date of disconnection were Rs.47,69,164/-. The 2^nd respondent had addressed the letter, dated 23.05.2014 to M/s. Meghana Pharma to pay an amount of Rs.29,28,263/- which are due towards current consumption charges and fuel surcharge adjustment for issuance of no due certificate.

It is further the case of the petitioners that since M/s.Meghana Pharma had not paid any amounts, petitioners initiated steps to recover electricity dues under APSEB Recovery of Dues Act, 1984 and APSEB Recovery of Dues Rules, 1985. Accordingly, Form-A notice was issued on 14.10.2014, Form-B notice was issued on 23.06.2015 and Form –C notice was issued on 22.03.2016, 25.04.2016, and on 08.11.2021. Letters, dated 04.05.2023, 05.07.2023, 31.01.2024 were addressed to the District Collector under the Revenue Recovery Act for realization of arrears by attaching the immovable properties for recovery of an amount of Rs.68,47,942.37/- including surcharge as on 31.01.2024. On 07.01.2017, one Mr. Anki Reddy, on 25.08.2020 one Mr. P.Bhaskar Reddy had submitted a representation for restoration of power supply issued in the name of M/s. Meghana Pharma in (P.Ltd.) under Sick Unit Revival Scheme and though the approval was granted by the Chief General Manager vide letters, dated 06.02.2017 and 12.02.2021 respectively for restoration of power supply under Sick Unit Revival