The High Court may issue a writ of certiorari to set aside an Ombudsman's award if the authority fails to apply statutory regulations governing the priority of payment adjustments for electricity bills, specifically when charges are wrongly levied on arrears previously deferred by judicial orders.

ORDER:

This writ petition is filed seeking the following relief:

“ … to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari by calling record of Appeal No.14 of 2025-26 on the file of Hon’ble Vidyut Ombudsman for the State of Telangana and set aside the award dated 30.06.2025 along with the order of the DE, Charminar passed vide letter No.DEE/ OP/ CHARMINAR/ TECHNICAL/ HYD/D.NO.07/2025 dated 04.04.2025 including claim of Rs.11,72,462/- pertaining to additional charges claimed by the Respondents from March, 2005 to February, 2025 and direct to issue revised C.C.Charges bills from March, 2005 to February, 2025 in compliance of Clause VII 7.1 (i)(ii) of Regulation 5 of 2016 and …..”

2. Heard Ms. Nishitha, learned counsel for the petitioner, learned Government Pleader for Energy for respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel appearing for respondent Nos.2 to 6. Perused the entire record.

3. The brief facts of the case are that the petitioner is a consumer of respondent Nos.2 to 6 of LT III Category service connection bearing No.M3009491 situated at Door No.19-2-211/C, Ramnastupura, Near Zoo Park, Telangana. The petitioner is engaged in manufacture of ice blocks. The respondents issued CC charges bill for billing month of March, 2005 dated 08.03.2005 other than monthly CC bill of Rs.52,455/- showing an amount of Rs.1,10,817/- as arrears and levied an amount of Rs.2,523/- as additional charges without furnishing any details and without any prior notice. The petitioner paid the CC charges bill as on February, 2005. Thereafter, the petitioner approached this court vide Writ Petition No.5451 of 2005 and an interim order dated 17.03.2005 was passed in W.P.M.P.No.7217 of 2005 of W.P.No.5451 of 2005, wherein, the petitioner was directed to pay only monthly CC charges of Rs.52,455/-. Prima facie, it was determined that the claim of Rs.1,10,817/- is wrong billing and the same was to be verified at the time of final hearing. Thereafter, the petitioner paid only CC charges after deducting additional charges which were levied illegally every month in violation of this Court's order. The respondents raised CC charge bills from the month of March 2005 to February 2025, levying additional CC charges bills every month without furnishing any details of their claim of additional charges. The respondents have levied massive amount of Rs.11,72,461/- towards additional charges from March, 2005 to February, 2025. The writ petitioner during the pendency of W.P. No.5451 of 2005, in addition to monthly CC charges, paid amount of Rs.80,000/- on 05.11.2011, Rs.60,000/- on 21.04.2011, Rs.18,000/- on 28.03.2013 and Rs.18,740/- on 31.05.2013 i.e., total amount of Rs.1,76,740/- against the disputed amount of Rs.1,10,817/-. Vide order dated 08.10.2014, this Court in W.P.No.5451 of 2005 directed the respondents to defer demand of Rs.1,10,817/-, to issue a notice to the petitioner within a period of 3 months, to give an opportunity of submitting representation and then to pass appropriate orders for recovery of arrears. From 08.10.2014 up to 15.02.2025, the respondents have not taken any steps to issue notice. Left with no alternative, the petitioner filed W.P.No.4741 of 2025 about the inaction of the respondent Nos.2 to 6 in compliance of orders dated 08.10.2014 in W.P.No.5451 of 2005. This Court disposed of W.P.No.4741 of 2025 with a direction to consider the representation dated 22.01.2025 submitted by the petitioner in pursuance of impugned notice dated 17.01