IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE THE CHIEF JUSTICE APARESH KUMAR SINGH,THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN
M/s S.D. Polymers – Appellant
Versus
The Vidyut Ombudsman for the State of Telangana – Respondent
WA 160/2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT APPEAL No.160 of 2026 Dated: 11.02.2026 Between:
M/s. S.D.Polymers …Appellant and The Vidyut Ombudsman for the State of Telangana, 33/11 KV Substation, Beside Hyderabad Boat Club, Lumbini Park, Hyderabad, and 6 others.
…Respondents JUDGMENT:
Learned counsel Sri Basa Chanakya, representing learned counsel Ms. Nishtha, appears for the appellant.
Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited (TGSPDCL), appears for respondents No.2 to 6.
Sri P.Ganesh, learned Government Pleader for Energy Department, appears for respondent No.7.
2. On the basis of an inspection conducted on 21.12.2020 by the TGSPDCL, it was observed as under:
“At the time of inspection it is observed supply using for plastic industry (plastic cutting, melting plastic and plastic Dhana) and also it is observed that in the premises 7 no service single entrance using same activity following services are 1. M3-5114 sanctioned load 10 HP connected load 26 HP 2. M3-15207 S L-20HP, CL 25 HP, 3. M3-17945 SL 80 HP CL 78 HP 4. M3-12936 SL 5 HP CL 30 HP 5. M3-14606 SL 15 HP CL 88 HP 6. M3-3813 SL 15 HP CL 12 HP 7 M3-1966 SL 43 HP CL 43 HP. Hence 7 nos services clubbed by clubbing the connect load is 302 HP, but as per sanction load is 188 HP. As per GTCS tariff is load exceed 100 HP the service may be billed under HT category.”
3. The arrear bills with back billing as against all seven connections were raised against the appellant, who is proprietor of one of the connections, invoking clause 3.5 of the General Terms and Conditions of Supply (hereinafter referred to as, “Conditions of Supply”). Clause
3.5 of the Conditions of Supply is quoted hereunder:
“3.5 Definition of Separate Establishment
3.5.1. For the purpose of the GTCS, separate establishments shall include the following types of establishments:
i. Having distinct set-up and staff;
ii. Owned or leased by different persons;
iii. Covered by different licenses or registrations under any law where such procedures are applicable; and iv. For domestic category, the households having a separate kitchen.
3.5.2. Each separate establishment will be given a separate point of supply.
3.5.3. Notwithstanding the above provisions, the Company reserves the right, where it is reasonably established, that the consumers of the same group or family or firm or company who are availing supply under different service connections situated within a single premises by splitting the units, the Company may treat such multiple connections existing in the single premises as a single service connection and charge the total consumption of all the consumers at the appropriate tariffs applicable for a single service connection. Any officer authorised by the Company shall issue notices to the concerned consumers asking them to furnish a single application for all such services and to pay required charges for merging the services into a single service.
3.5.4. Wherever the total connected load of all such multiple connections exceeds 75 HP, the consumers must necessarily switch over to HT supply or LT III(B) as the case may be and regularize their services duly following the procedure for availing such supply, within 60 days from the Date of Service of such notice. If the consumer still fails to pay the necessary charges to convert to the specified category, the services will be disconnected after 60 days from the date of service of the notice. Pending such switch over, the licensee shall be entitled to bill the service at HT tariff as per the procedure mentioned under clause 12.3.3.2(i).”
4. The challenge thereto by the appellant before the Consumer Grievances Redressal Forum of TSSPDCL (Greater Hyderabad Area) (CGRF) in C.G.No.106/2022-23/Hyderabad South Circle was disallowed by order dated 26.09.2022, but with the direction to raise bills from the co
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