Disposed

Big C Mobiles Private Limited v. State of Telangana and 4others

Telangana HC14 Nov 2024WP/9193/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order imposing back electricity billing. Directing the petitioner to file a grievance before the Consumer Grievance Redressal Forum, the Court restrained respondents from taking coercive steps pending consideration.

What did the court decide?

Directed petitioner to submit representations to the Consumer Grievance Redressal Forum; restrained respondents from coercive steps till the Forum decides within 3 months.

Big C Mobiles Private Limited Vs State of Telangana… — Service and Employment | Telangana HC (2024)

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[3252)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY. THE FOURTEENTH DAY OF NOVEIVBER

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 9193 OF 2023

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Between:

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Big C ltrlobiles Private Limited, Rep. by its Director R.Goutham Reddy, Door No. 9-3-93, Opp OId lt4unicipal Office, Station Road, Khammam, Khammam.

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...PETITIONER

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AND

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1 State of Telangana, rep. by its Principal Secretary, Energy Depafimeni, Secretariat, Hyderabad.

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2 Northern Porver Distribution Company Limited, Telangana State, Rep.^{by its} Superrntending Engineer / Operation, Khammam.

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1. Superintending Engineer / Operation, Norlhern Povrer Distribution^Company Limited Telangana State, Khammam.

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Divisional Engineer Operations, Northern Power Distribution Company Limited Telangana State, Khammam.

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Assistant Divisional Engineer Operations, Northern^{PowerDistribution} Company Limited Telangana State, Khammam.

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of fVandamus declaring the impugned letter dated 10-03-2023

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nfirming the *ssessment Order in.Letter^{-l',lo.ADE/OP/TSD:1lKMM/F,Short-} --^{--:= ---} . BilUD.No.1398/- dated 23-01-2023 imposing back billing of Rs.6,70,395/- as -': - illega l, null, void and arbitrary

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned letter dated 10-03-2023 in confirming the Assessment Order in Letter No.ADE/OP/TSD-1 /KMM/F.Short-Bill/D.No.1 39Bl dated 23-01-2023 imposing back bilting of Rs.6,20,3951, pending disposal of the presenl Wrjt Petrtion.

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lA NO: 2 OF 2023

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Between:

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1 Northern Power Distribution Company Limited, Telangana State, Rep. by its Superintending Engineer / Operation. Khammam.

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2 SuperintendinE Engineer./_ Operation, Northern Power Distribution Company Limited Telanga na State. Kham,.nam.

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1. Divisional Engineer Operations. l.Jorihern Po,,ver Dislribution Company Limited Telanga na State, Khammam.

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Assistant Divisional Engineei- Operations, Norihern Power Distributron Company Limited Telangana State, Khammam

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...PETITIONERS

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AND

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1 Big C tulobiles Private Limited, R9n bV its Director R.Goutham Reddy, Door No. 9-3-93, Opp Old N4unicipal Office, Station Road, Khammam, Khaminam.

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2 State .^{of. Telangana, rep by its PrincipalSecretary, EnergyDepartment,} Secretariat. Hyderabad

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...RESPONDENTS

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Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to --^__-- jnterim orders passed on 0410412023 in l.A._No.l _of2023_rn lV^P--LJo ^****01 -_Jacate_the 935?'2J23.a'nildi s?fisTriiswtrrT Strt ibTi'Es' ifl f rdi6ial6T'ffi 6?ire

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Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondent No.1: Gp FOR ENERGY Counsel for the Respondent No.2 to 5: SRI ZAKIR ALI DANISH, SC FOR TSNPDCL

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The Court made the following: ORDER

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HON'BLE MRS JUSTTCE SUREPALLI^NANDA

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WRIT PETITION No 9t93 of 2023

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ORDER:

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Heard Sri K. Durga Prasad, learned^counsel appearing on behalf of the^{petitioner, Iearned Government} Pleader for Energy, appearing on behalf of^respondent No.1 and Sri Zakir Ali Danish, learned Standing^Counsel for TSNPDCL, appearing on behalf of respondent^{Nos.2 to} 5.

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The petitioner approached the Court seeking^prayer as under:

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"...to issue an appropriate Writ, order or direction more particularly one in the nature of^{Writ of} Mandamus declaring the impugned^{letter dated} 10.03.2023 in confirming the Assessment Orderⁱⁿ Letter No.ADE/OP/TSD- 1/KM M/F. Short-Bill/D.^No. 1398/-dated 23.0L.2023 imposing back billing^of Rs.6,70,395/- as illegal, null, void and arbitrary^{and to} pass such other order or orders as this Hon'ble Court may deem fit and^proper in the interests of^justice."

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PERUS ED THE RECORD:

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The brief facts of the case are that the^petitioner is^into the business of selling of Cell Phones^under the^name of^BIG-C.The

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!--

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petitioner has obtained electricity connection bearing No.150115589 in category of LT2^{(B) non-domesticand} commercial. Subsequently, the^{petitioner received a notice of} assessment dated 23.07.2023^{stating that on receiptof} complaint From ADE/LT & CTIKMM^{regardingR-Ph missing over} phone on t9.7t.2022. However, it was rectified on the same day. The notice dated 23.01.2023 stated^{that assessmentis} done from 15.05.2018 to 19.17.2022^and a^{penalty of} Rs.6,70,395/- was imposed. The^{petitioner,after receivingthe} notice approached the respondent authorities and^submitteda representatio n on 20.O2.2023 but^{respondentNo.4 refusedto} receive the same on the^groundthat the^{petitioner failedto pay} 50% of the demanded amount and orally^{informed that the} respondents authorities will disconnect the^{power supply} immediately. Aggrieved by the order dated^{23.01.2023,the} petitioner filed W.P.No.53B5 of 2023 and this Hon'ble Court disposed of the said writ^petition with a^{direction to make a} representation to the respondents along with^{payment of} Rs.1,50,000/- within one week. As^per the orders of^{this Court,} the petitioner submitted a representation^{dated 24.03.2023and} paid the said amount. The respondent authorities are threatening to disconnect the^power supply under the guise of impugned

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orderdated23.01.2oz3,Aggrievedbythesame,thepetitioner filed the Present^writ Petition^'

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Th sCo urt^vtde ord erd^ted 4.O 4.2023 Dass^ed rl rd rs la r n rl c

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hereu nder:

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"Notice before^admission '

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Learned Government^{Pleader for Energytakes} notice on^{behalf of respondentNo' 1}

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Mr. Zakir Ali^{Danish, learned StandingCounsel} for TSNPDCL takes^{notice on behalf of respondents} No.2 to 5 and^{seeks three weeks time for filing} cou nte r.

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Post on 12.06'2023'

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itioner su soen lon ubie ct to cond iti on of^thep within a po tnq an a mount^{ofRs.1,00,ooo} period of two weeks fromt^oda

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5 The said interim^{orderdated 04'O4'2O23is in force} as on date.

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Sri Zakir^{Ali Danish,learned StandingCounselfor} TSNPDCL, appearing^{on behalf of respondent Nos'2 to 5' submits} that the^{pleas put-forth by the petltioner against the impugned} letterdatedlo.03.2023inthepresentWritpetitionorthrough petitioner's representation^{cannot be considered either by the}

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official respondents herein or by this Court under Article 226 of the Constitution of India.

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The learned Standing Counsel further submits that petitioner may be directed to put forth all the pleas as are available to the petitioner pertaining to the non-functioning of the meter installed and regarding the less energy consumption by the meter etc., before the Competent Authority i.€., Consumer Grievance Redressal Forum for consideration of all the contentions, put-forth by the petitioner in the present writ petition and through petitioner's representation for appropriate action thereafter, by the Competent Authority.

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Taking into consideration the submission made by Sri Zakir Ali Danish, learned Standing Counsel for TSNPDCL, appearing on behalf of respondent Nos.2 to 5, the writ petition is disposed of directing the petitioner to submit the grievance of the petitioner as put-forth by it vide representation dated 24.02.2023 to the 5th respondent and also all the pleas as put-forth in the present writ petition and all other pleas as are available to the petitioner pertaining to the subject issue by way of a fresh representation to the Consumer Grievance Redressal

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Forum within a period of two (2) weeks from the date of receipt of a copy of this order and on receipt of such representation, the Consumer Grievance Redressal Forum shall consider the same and pass appropriate orders within a period of three (3) months thereafter, after giving an adequate opportunity of hearing to the petitioner in accordance to law, in conformity with the principles of natural justice. Till the Consumer Grievance Redressal Forum takes a decision on the subject issue within the time period as stipulated above, the respondents are directed not to take any coercive steps against the petitioner in pursuance of the impugned proceedings dated 1O.O3.2O23 issued to the petitioner confirming the Assessment Order in letter No.ADE/OPlTSD- 1/ KMM/ F.Short-Biil/ D.No.1398/- dated 23.OL.2A23 imposing back billing of Rs.6,7O,395/-. The writ petition is accordingly disposed of. However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions , if any, pending in the Writ Petition shall also stand closet.

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SD/. A. SRINIVASA REDDY ASSISTANT EGISTRAR ,TRUE COPY// (

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To,

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The Principal Secretary. Energy^{Department, Secretariat, Hyderabad,Stateof} Telangana.

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The Superintending Engineer /^{operation, Northern PowerDistribution} Company Limited. Telangana^{State. Khammam.}

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Ccrert

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The Superintending Engineer / Operation, Northern Power Distribution Company Limited Telangana State, Kh ammam.

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The Divisional Engineer Operations, Northern Power Distributron Company Limited Telangana State. Khammam.

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The Assistant Divisional Engineer Operations, Northern power Distribution Company Limited Telangana State, Khammam.

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One CC to SRI K.DURGA PRASAD, Advocate IOPUCI 7 One CC to SRI ZAKIR ALI DANISH, SC FOR TSNPDCL tOpUCl B Two CCs to GP FOR trNERGY, High Court for the State of Tetangana at Hyderabad [OUT]

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HIGH COURT

DATED: 141'1112024

ORDER

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WP.No.9193 of 2023

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DISPOSING OF THE WRIT PETITION,

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ITHOUT_GOSTS

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I
7

Big C Mobiles Private Limited v. State of Telangana and 4others

Case brief

What is this about?

What did the court decide?

Big C Mobiles Private Limited v. State of Telangana and 4others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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