IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.13145 of 2025 DATE OF ORDER:- 18.12.2025 BETWEEN Telangana State Southern Power Distribution Company Limited, Hyderabad & 6 others.

… Petitioners AND Vidyut Ombudsman for the State of Telangana & another.

… Respondents ORDER:-

1. This Writ Petition is filed seeking to declare the Award dated 05.02.2025, passed by the 1^st respondent in Appeal No.44 of 2024- 25, as illegal, arbitrary and contrary to the provisions of Electricity Act, 2003, Tariff Order issued by TGERC and the General Terms and Conditions of Supply.

2. Heard Sri N.Sreedhar Reddy, learned Standing Counsel appearing for the petitioners as well as Mrs.K.Archana, learned counsel for respondent No.2. Perused the record.

3. The case of the petitioners is that they issued HT power supply vide HT SC No.SGR 943 to the 2^nd respondent company and the said power connection was inspected on 03.11.2021 and during the course of inspection, the Inspecting Officer had raised short billing on the 2^nd respondent company from 05.11.2019 to 21.0- 9.2021 for adopting wrong multiplying factor from 16.08.2014 to 05.11.2019 and the same was communicated to the 2^nd respondent vide notice dated 11.11.2021 directing them to pay an amount of Rs.2,48,16,054/- towards the said short billing. Questioning the said notice, the 2^nd respondent filed W.P.No.31567 of 2021 and obtained interim stay subject to condition of the 2^nd respondent making payment of Rs.25 lakhs in two installments which is on or before 05.01.2022. The petitioner paid the said amount and the respondents restored the service connection of the petitioner. Finally, W.P.No.31567 of 2021 was disposed of by this Court directing the 2^nd respondent to approach the Consumer Grievance Redressal Forum (CGRF) within a period of 4 weeks and as per the said direction, the 2^nd respondent made a complaint to CGRF on 25.10.2024 for which the CGRF has passed final order dated 07.12.2024 directing the Distribution Licensee to initiate suitable departmental disciplinary action against the employees in the facts and circumstances of the case. Challenging the said order, the 2^nd respondent preferred Appeal No.44 of 2024-25 before the 1^st respondent and the 1^st respondent passed an Award dated

05.02.2025 directing the petitioners herein to prepare short billing without surcharge and without interest for 3 years preceding the date of inspection held on 03.11.2021 i.e. from 05.11.2019 to 21.09.2021 and the 2^nd respondent was granted time to pay the amount in 12 equal monthly installments and in default of such payment, the petitioners are at liberty to realize the balance amount in lumpsum as per Rules in vogue. Aggrieved by such Award, the petitioners filed the present Writ Petition.

4. Learned counsel for the petitioners contended that the 1^st respondent, having agreed that the Multiplying Factor was not properly taken into consideration, ought not to have interfered with the Award of the Consumer Grievance Redressal Forum by directing the petitioners to prepare short billing amount without surcharge and without interest. He also contended that the petitioners are entitled to levy surcharge on pending amount as per the regulations framed by the TG Electricity Regulatory Commission. Learned counsel also contended that the 1^st respondent failed to explain on what basis the 3 years period has been fixed for the purpose of recovering the short billing amount. Further, Section 56(2) of Electricity Act, 2003 only refers to disconnection of power supply for the purpose of recovery. The 2^nd respondent having consumed power supply to its company, cannot take advantage of wrong billing. Hence, the award dated 05.02.2025 passed by the 1^st respondent vide Appeal No.44 of 2024-

25 is liable to be set-aside.

5. Per contra, learned counsel for respondent No.2 contended that the petitioners have illegally disconnected the power supply to the 2^nd respondent