THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.34180 OF 2024 ORDER:-

1. This Writ Petition is filed seeking an order or direction in the nature of Writ of Mandamus declaring the orders dated 30.08.2024 in Appeal No.22 of 2024-25 passed by the 2^nd respondent, as illegal and unjust.

2. Heard Sri N.Sreedhdar Reddy, learned Standing Counsel for TSSPDCL appearing for the petitioners and Sri G.Madhusudhan Reddy, learned counsel for respondent No.1. Perused the materiall available on record including the grounds raised in the Writ petition.

3. The facts of the case in brief are that the respondent No.1 herein has been provided with a LT Service Connection bearing SC.No.1011800378 under LT Category-III for utilizing power for the purpose of processing or preserving the goods for sale. On 31.10.2022, the said service connection was inspected by Assistant Divisional Engineer, Detection of Pilferage of Energy Wing (petitioner No.5 herein) and found that there was no production activity or manufacturing process and the power supply is being used for construction works of office/shed and storage of solvents like liquids of Methanol, Acids etc. and during the course of inspection, the representative of the 1^st respondent informed that the power supply was being used for MS Storage tanks welding works from November, 2020; Storage of tanks loaded and unloaded started from November 2021 and these tanks were used for storage of solvents only. He also submitted that there is no manufacturing or production of any type of solvents or materials. As the power supply is being used for the purpose of storage of oils or solvents, the service has to be billed under LT-II category as per Clause 1.4 of Tariff orders. Hence a back billing notice dated 31.10.2022 was issued to the 1st respondent for a sum of Rs.5,20,796 for change of service connection from LT-III to LT-II from 06.10.2020 to 04.11.2022. On 17.11.2022, the Divisional Engineer, Operation, has issued a Final Assessment order dated 17.11.2022 confirming the Provisional Assessment notice dated 31.10.2022. The 1st respondent has paid 50% of the Provisional Assessment notice i.e., Rs.2,60,398 on 25.01.2023 and has preferred an Appeal to the Superintending Engineer, operation, Medak (petitioner No.1) vide letter dated 05.01.2024 and the 1^st petitioner has withdrawn the total back billing amount. Aggrieved by the inclusion of the back billing amount in the CC bills and surcharge, the 1st respondent has approached the Consumer Grievance Redressal Forum for refund of differential billing and additional charges. While the matter stood thus, again on 05.07.2024, the service connection of the 1^st respondent was inspected by the 1^st petitioner and during the course of his inspection, petitioner No.1 found that there are three service connections issued in the names of M/s.Vestro Solvents (P) Ltd., M/s.Vestro Containers (P) Ltd and M/s.Vestro Labs (P) Ltd and for all the three service connections, there is only one single entry to the premises. Subsequently, the Consumer Grievance Redressal Forum passed final orders dated 30.07.2024 dismissing the complaint of the 1st respondent on merits and directed the 1st petitioner to follow the schedule of Retail supply tariff terms and conditions as per the Tariff order issued by the TSERC for the financial year 2022-23 and 2023-24 and to continue the service connection of respondent No.1 under LT-II category only. The consumer forum also held that the withdrawal of the back billing amount of Rs.5,20,796/- by the Superintending Engineer is incorrect. It further directed the petitioners to club both the LT service connections into one single service connection as per Clause 3.5.3 of the General Terms and Conditions of Supply. Pursuant to the said orders, the Assistant Divisional Engineer has issued notice dated 17.08.2024 for clubbing two LT service connections of the 1st respondent into single service connection. Aggrieved by the orders of the Consumer Fo