M/S. Sri Havisha Hospitality And ... vs Southern Power Distribution Company Of ...
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Telangana High Court

M/S. Sri Havisha Hospitality And ... vs Southern Power Distribution Company Of ... on 13 March, 2025

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              THE HON'BLE SRI JUSTICE PULLA KARTHIK

                              W.P.No.7774 of 2025

ORDER:

With the consent of both the parties, this writ petition is taken

up for disposal at the stage of admission.

2. The writ petition is filed with the following prayer:

"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/BHills/Hyd/SAO/ JAO/HT/D.No 289/24 dated 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 Court in W.P.No.14918 of 2006 and batch provisions of the Electricity Act 2003 besides being violative of the petitioners rights guaranteed under Article 14, 19(1)(g) of the Constitution of India and consequently set aside the same".

3. Heard the learned counsel for the petitioner and the learned

Standing Counsel for TGSPDCL Sri N.Sreedhar Reddy appearing for

respondents and perused the record.

4. The learned counsel for the petitioner submits that the subject

matter of this writ petition is squarely covered by the order passed by

this Court in W.P.No.5098 of 2025 dated 20.2.2025 and the same is

not seriously disputed by the learned Standing Counsel for the

respondent Corporation.

5. In view of the above and having regard to the facts and

circumstances of the case and without going into merits of the

matter, the writ petition is disposed of, directing the respondent No.2

to consider and pass appropriate orders on the representation of the

petitioner dated 24.2.2025 strictly in accordance with law, as

expeditiously as possible, preferably within a period of two weeks

from the date of receipt of a copy of this order. Till such time, the

respondent No.2 is directed not to disconnect power supply to the

service connection of the petitioner in pursuance of the impugned

demand notice dated 1.2.2025. As a sequel thereto, miscellaneous

applications, if any, pending in this writ petition stand closed.

________________________ PULLA KARTHIK, J Date: 13.3.2025.

DA