HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.4924 OF 2024

ORDER:

Heard Sri J. Srinadh Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of respondent No.6 and Sri N. Sreedhar Reddy, learned Standing Counsel for TS Transco appearing on behalf of respondent Nos.1 to 5.

2. The petitioner 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 records of the impugned Final Assessment Order passed by the 3^rd Respondent vide Order No.DEE/OP/RJNR/F.No. FAO/23 D. No.4611/23 dated 2-2-2024 and quash the same duly declaring the same is contrary to law and General Terms and conditions of Supply 2006 and Tariff Order for FY 2023-24 besides violations Section 56 and 126 of Electricity Act 2003 and Article 14 of Constitution of India and further contrary to principles of natural justice and consequently to direct the Respondents to treat the petitioners Electricity connection service No. 3418 06270 be treated as Category-I (Domestic) or any other appropriate category as per law and consequently direct Respondents forebear from disconnection of power supply to their Service Nos.3418 0629 and 3418

06270 of the petitioners Association and pass…”.

3. The case of the petitioner, in brief, is that the petitioner association was formed for welfare and maintenance of Richmond Villas owners/residents and it was constructed exclusively for the use of residents of Richmond Villas only. In the year 2019 the inspecting officer from 1^st respondent conducted inspection of the villa premises and found that the electricity service connection was used for commercial purposes against the sanction for domestic use and a provisional assessment order was issued by the 4^th respondent on 21.11.2019 against the builder assessing an amount of Rs.1,64,008/- and it was paid to the 5^th respondent. On 12.12.2020 the then President of the Association submitted a representation to the respondents with a request to change the category of two service connections Sc No. 341806269 and 341806270 from commercial to non-commercial. The petitioners filed representations to the 3^rd respondent on 02.08.2023, 06.10.2023 and 20.01.2024 to set aside the provisional Assessment order and reassess both the service connections but the 3^rd respondent upheld the said order vide order No.

DEE/OP/RJNR/F.No.FAO/23, D.No. 4611/23, dated 02.02.2024. Aggrieved by the said order dated 02.02.2024 passed by the respondent No.3, the present writ petition is filed.

4. This Court vide its interim order dated 27.02.2024 passed interim order in I .A. No.1 of 2024 in W.P. No. 4924 of 2024 in favour of the petitioner observing as under:

“This Interlocutory Application is filed seeking the Court to suspend the operation of Final Assessment Order passed by the 3^rd respondent in his order No. DEE/OP/RJNR/F.No.FAO/23.D.No. 4611/23, dated 02.02.2024 including consequential proceedings, if any, pending disposal of the Writ Petition.

Heard Sri A. Ravinder, learned Senior Counsel, who argued on behalf of Sri J. Srinadh Reddy, learned counsel on record for the petitioner, as well as Sri R. Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing for respondent Nos.1 to 5.

Having considered the submission of learned counsel for the petitioner, there shall be interim suspension of operation of Final Assessment Order passed by 3^rd respondent vide order No.DEE/ OP/ RJNR/ F.No. FAO/ 23.D.No. 4611/ 23, dated 02.02.2024 suject to payment of Rs.5,00,000/ - (Rupees Five Lakhs only) by the petitioner to the respondents-

authorities, on or before 07.03.2024.

List on 12.03.2024”.

PERUSED THE RECORD

5. The impugned proceedings dated 02.02.2024 of the 3^rd respondent clearly indicates that appeal against the said order lies before Superintending Engineer/Operation/Rajendra Nagar within 30 days from the date of receipt of the said order along with a depo