Telangana High Court
M/S. Secunderabad Hotels Private ... vs Southern Distribution Company Of ... on 27 February, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.5908 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/CC/HYD/SAO/AAO(HT)/JAO(H.T)/
D.No.7077/25 dt. 31.01.2025 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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Article 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 210 KVA/HP and it is having power through open
access to its unit with service connection bearing No. HTSC
No.GDC030 under the name of M/s. P. Prabhaker Reddy. 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 31.01.2025
demanding to pay an amount of Rs.1,02,43,033/- 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 addressed to the 2nd
respondent herein in pursuance to the demand notice
dated 31.01.2025 issued to the petitioner by the 2nd
respondent, 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 demand vide letter dated
31.01.2025 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 response to the impugned demand notice
dated 31.01.2025 issued to the petitioner herein by the
2nd respondent duly considering all the objections of
the petitioner as put forth vide the said representation
dated 22.02.2025 of the petitioner to the 2nd
respondent herein in accordance to law, in conformity
with principles of natural justice by giving reasonable
opportunity of personal hearing to the petitioner,
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within a period of two (2) weeks from the date of
receipt of a copy of this order.
Till the above exercise is initiated by the 2nd
respondent herein and appropriate orders are passed
by the 2nd respondent duly considering the grievance of
the petitioner as put forth by the petitioner vide
petitioner's 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 in pursuance to the
impugned demand notice dated 31.01.2025 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
