M/S. Srinivasa Resorts Ltd., vs Telangana State Southern Power ...
2025 Latest Caselaw 2563 Tel

Citation : 2025 Latest Caselaw 2563 Tel
Judgement Date : 25 February, 2025

Telangana High Court

M/S. Srinivasa Resorts Ltd., vs Telangana State Southern Power ... on 25 February, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

       HON'BLE MRS JUSTICE SUREPALLI NANDA


             WRIT PETITION No.5697 of 2025

ORDER:

Heard Sri Deepak Chowdary, learned counsel

appearing on behalf of the petitioner and Sri

N.Sreedhar Reddy, learned Standing Counsel for

TGSPDCL, appearing on behalf of the respondents.

2. The petitioner approached the Court seeking

prayer as under:

"...to pass an order or orders or writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in issuing demands for payment of Cross Subsidy Surcharge ("CSS") for the FY 2005-06 to 2014-15 vide Lr.No.SE/OP/B'Hills/Hyd/SAO/JAO/HT/D.No. 288/24, Dt.01.02.2025, issued by the 2nd Respondent, purported to be based on the Tariff Order dt.30.08.2024 issued by the Telangana Electricity Regulatory Commission determining the CSS for FY 2005-06 to 2014-15, as arbitrary, illegal, contrary to the Judgment dt.19.12.2023 of this Hon'ble Court in W.P.No.14918 of 2006 & batch, provisions of the Electricity Act, 2003 besides being violative of the petitioner's rights guaranteed under

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Article 14, 19(1)(g) of the Constitution of India and consequently set aside the same and pass such other order or orders as this Hon'ble Court may deems fit and proper in the interest of justice."

3. The case of the petitioner, in brief, is that the petitioner

company is engaged in the hospitality and hotel industry and

avails HT power from the respondent No.1 vide HT Service

Connection No.BJH-588. The petitioner was granted

permission by the State Government of Andhra Pradesh under

Section 43(A)(1)(c) of the Electricity Supply Act, 1948 for

electricity supply through generators M/s. Ind-Barath Energies

Limited. Consequently, consumers of this generator are

entitled for exemption from the payment of Cross Subsidy

Surcharge (CSS) under the Electricity (Removal of Difficulties)

Second Order, 2005. The Telangana Electricity Regulatory

Commission (TGERC) determined the CSS for FY 2005-06 to

2014-15 vide its order dated 30.08.2024. Though the

petitioner is entitled for exemption from CSS under the

Electricity (Removal of Difficulties) Second Order, 2005, the

respondent No.2 issued a demand notice dated 01.02.2025 to

the petitioner, demanding the payment of Rs.4,15,44,013/-

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towards CSS for the period FY 2005-06 to FY 2014-15, which

is contrary to the judgment of this Court dated 19.12.2023 in

W.P. No. 14918 of 2006 and Batch.

4. It is the specific case of the petitioner that the petitioner

had submitted detailed representation dated 17.02.2025 to

the respondent No.2 herein explaining the reasons for

contending that the petitioner is not entitled to pay the cross

subsidy surcharge amount of Rs.4,15,44,013/-, however, the

same had not been considered by the respondent No.2 and

the respondents are insisting the petitioner for payment of the

cross subsidy surcharge amount of Rs.4,15,44,013/- as

indicated in the impugned notice dated 01.02.2025 issued by

the respondent No.2 herein. Aggrieved by the same, the

petitioner filed the present writ petition.

5. Learned counsel appearing on behalf of the

petitioner submits that the respondent No.2 may be

directed to consider the representation of the petitioner

dated 17.02.2025, which had been acknowledged by

the office of the respondent No.2 herein in accordance

to law within a reasonable period.

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6. Learned Standing Counsel for TGSPDCL appearing on

behalf of the respondents does not dispute the said

submission made by the learned counsel appearing on behalf

of the petitioner.

7. Taking into consideration:

a) The facts and circumstances of the case ,

b) The submissions made by the learned counsel

appearing on behalf of the petitioner and the learned

Standing Counsel for TGSPDCL appearing on behalf of

the respondents and,

c) The contents of the representation of the

petitioner dated 17.02.2025 addressed to the

respondent No.2 herein which had been acknowledged

by the office of the respondent No.2 herein,

The writ petition is disposed of directing the

respondent No.2 to consider the grievance of the

petitioner as put-forth vide petitioner's representation

dated 17.02.2025 submitted by the petitioner in reply

to the impugned notice dated 01.02.2025 issued by the

respondent No.2 and pass appropriate orders on the

said representation within a period of three(3) weeks

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from the date of receipt of a copy of this order in

accordance to law, in conformity with the principles of

natural justice by giving notice to the petitioner and

providing an opportunity of personal hearing to the

petitioner. Till the above exercise is initiated and

concluded by the respondent No.2 herein as per the

directions as indicated as above within the time period

as stipulated as above, respondents are directed not to

take any coercive steps against the petitioner herein in

pursuance to the impugned notice dated 01.02.2025

issued to the petitioner by the respondent No.2 herein.