Telangana High Court
M/S. Minerva Grand Hospitalities vs Southern Distribution Company Of ... on 27 February, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.5834 OF 2025
ORDER:
Heard Sri N.V. Sumanth, learned counsel
appearing on behalf of the petitioner and Sri N.
Sreedhar Reddy, learned Standing Counsel appearing
on behalf of respondent Nos.1 and 2.
2. The petitioner approached the Court seeking
prayer as under:
" ...to issue 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.396/24 dt. 01.02.2025, issued by the 2nd
Respondent purported to be based on the Tariff
Order dated 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 dated 19-12-2023 of this
Hon'ble Court in W.P. No. 14918 of 2006 and batch,
provisions of the Electricity Act, 2003 besides being
violative of the petitioner's rights guaranteed under
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Articles 14, 19(1)(g) of the Constitution of India
and consequently set aside the same and
pass...".
3. The case of the petitioner, in brief, is that the petitioner
is providing hospitality services in Hyderabad and has obtained
High Tension power supply connection from the Telangana
Electricity Regulatory Commission. The petitioner company
had entered into an HT agreement with a contracted maximum
demand of 175 KVA/HP and it is having power through open
access to its unit with service connection bearing No. HTSC
No. BJH 736 under the name of M/s. Minerva Coffee Shop
Private Limited. It is further the case of the petitioner that
subsequent to the passing of the impugned order by the
TGERC, the 2nd respondent had raised a demand notice dated
01.02.2025 demanding to pay an amount of Rs.27,70,681/-
and the petitioner is entitled to the benefit of the Electricity
(Removal of Difficulties) Second order, 2005 and no CSS can
be levied on it for FY 2005-06 to 2014-15. Hence, the
petitioner approached the Court by filing the present writ
petition.
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4. It is submitted by the learned counsel appearing on
behalf of the petitioner that the petitioner's representation
dated 22.02.2025 had been acknowledged by the office of the
2nd respondent herein on 22.02.2025 itself but no action is
initiated on the said representation of the petitioner dated
22.02.2025 as on date.
5. Sri N. Sreedhar Reddy, learned Standing Counsel
appearing on behalf of respondent Nos.1 and 2 submits that
the writ petition could be disposed of directing the 2nd
respondent to consider the grievance of the petitioner as put
forth by the petitioner vide representation dated 22.02.2025
made in pursuance to the demand notice dated 01.02.2025
issued to the petitioner by the 2nd respondent herein, in
accordance to law within a reasonable period.
6. Taking into consideration :
(a) The aforesaid facts and circumstances of the
case,
(b) The submissions made by the learned
counsel appearing on behalf of the petitioner and
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learned Standing Counsel appearing on behalf of
respondent Nos.1 and 2,
(c) The fact as borne on record that no orders
had been passed on petitioner's representation dated
22.02.2025 issued to the 2nd respondent herein in
pursuance to the impugned letter dated 01.02.2025
issued to the petitioner herein by the 2nd respondent,
The writ petition is disposed of directing the 2nd
respondent to consider the grievance of the petitioner
as put forth vide petitioner's detailed representation
dated 22.02.2025 addressed to the 2nd respondent
herein in pursuance to the impugned demand notice
dated 01.02.2025 issued to the petitioner herein by the
2nd respondent, in accordance to law, in conformity
with principles of natural justice by giving reasonable
opportunity of personal hearing to the petitioner,
within a period of three (3) weeks from the date of
receipt of a copy of this order.
Till the above exercise is initiated by the 2nd
respondent herein and concluded by passing of
appropriate orders by the 2nd respondent duly
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considering the grievance of the petitioner as put
forth by the petitioner vide petitioners representation
dated 22.02.2025 as per the directions as indicated as
above within the time period as stipulated as above,
the respondents are directed not to initiate any
coercive steps with respect to the impugned demand
notice dated 01.02.2025 issued to the petitioner by the
2nd respondent. However, there shall be no order as to
costs.
As a sequel, the miscellaneous petitions, if
any, pending in the Writ Petition shall also stand closed.
___________________________
MRS. JUSTICE SUREPALLI NANDA
Date: 27.02.2025
Note
Issue C.C. today
(B/o)
Skj
