M/s. S.Siri Techno Crafts, Vs Central Power Distribution Company of A.P Ltd.

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132s21

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

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FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 17895 OF 2013

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Between:

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M/s. S.Siri Techno Crafts,, Address Plot.No.56, lndustrial Estates, Pragathi Nagar, Kukatpally, Hyderabad, Rep by its Lease Holder Sri k. Pradeep, Sh. K.Rambabu, aged about 25 Years.

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.....PETITIONER

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AND

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Central Power Distribution Company of A.P Ltd, Rep by Superintending Engineer, Operation Jeedimetla, Hyderabad.

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The Assistant Divisional Engineer,, Central Power Distribution Company of A.P Ltd, Operation, Jeedimetla, Hyderabad.

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.....RESPONDENTS

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Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus declaring the action of the respondents in disconnecting the power supply on 21-06-2013 by issuing the anti dated notice of demand Lr.No.ADE/OP/JDML/F.No.8/D.No.3421 Dated 30-03-2013 as back billing to the petitioner service connection No. 0105 00058 as arbitrary, illegal and against the provision Sec. 56 (2) of the electricity act and also condition 3.4 of the General Terms and Conditions of Supply and consequently direct the respondents to restore the power supply to the petitioner Service connection No.0105 00058.

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7

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l.A.NO.1 OF 2013^{(WPMP.NO:21798} OF 2013)

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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 direct the respondents to restore the power supply to the petitioner service connection No.0105 00058 operation circle Jeedimetla Hyderabad.

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Counsel for the Petitioner : SRI SREENIVASA RAO VELIVELA

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Counsel for the Respondents : SRI N.SREEDHAR REDDY ( SC FOR TGSPDCL) The Court made the following ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRTT PETI TION No. 778950F20 13

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ORDER:

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Heard Sri Srinivasa Rao Veliveta, learned counsel appearing on beharf of the petitioner and sri N.sreedhar Reddy, learned Standing Counset for TGSpDCL appearing on behalf of the respondents.

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2.7 e titi er ed h urt eki r r

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u nder:

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"to issue a writ of mandamus declaring the action of the respondents in disconnecting the power supply on 21_ 06-2013 by issuing the anti dated notice of demand Lr.No.ADE/OPlJDML/F.No.B/D.No.3421 Dared 30-03_2013 as back billing to the petitioner service connection No.01O5 00058 as arbitrary, illegal and against the provision Sec. 56(2) of the electricity act and also condition 3.4 of the General Terms and Conditions of Supply and consequenfly direct the respondents to restore the power supply to the petitioner Service connection No.0105 00058 and pass such other order or orders as this Hon,ble Court may deem fit and proper in the circumstances of the case.,,

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The case of the petitioner, in brief, is that the petitioner is engaged in the business oF printing press and has an electricity service connection No.0105 00058 at Jeedimeua, Hyderabad and

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SN,J wP 17895 2013

had been paying erectricity bilrs regurarry. However, the Assistant Divisional Engineer, Operations, Jeedimetla disconnected the power suppry to the petitioner's property, without prior notice and issued an anti-dated notice vide Lr.No.ADE/Op/IDML/F.No.B/D.No.3421 dated 30.03.2013 demanding an amount of Rs.3,g6,319/_ for the period from 01.04.2011 to 28.03.2013, due to a change in the petitioner's service connection category from I to IIIA without following the procedure prescribed under the Erectricity Act, 2003 and General Terms and Conditions of Supply. Aggrleved by the action of the respondents, the petitioner filed the present writ petition.

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This court passed interim orders in favour of the petitioner on 25.06.2013 in w.P.M.p.No.2t79B of 2013 directing the respondents to restore the power suppry to the petitioner Service connection No.0105 00058 operation circle leedimefla, Hyderabad and in pursuance to the said interim orders, the subject power supply of the petitioner had been restored.

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Learned Standing counser for TGSpDCL appearing on beharf of the respondents submits that against the impugned proceedings dated 30.03.2013 issued by the Assistant Divisionar Engineer, operation, Jeedimefla to the petitioner herein, the petitioner may

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be directed to make an appropriate^{representation tothe} DElOperation Kukatpally/SE/Operation RR North (Designated Officer for appeal), and upon the petitioner making appropriate representation, the grievance of the^petitioner as put forth in the representation would be considered by giving an opportunity of personal hearing to the petitioner as indicated in the impugned notice dated 30.03.2013. However, the^petitioner instead of availing the said opportunity, approached this Court by filing the present writ petition.

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Learned counsel appearing on behalf of the^petitioner submits that the petitioner would make an appropriate representation to the DElOperation Kukatpally/SE/Operation RR North^(Designated Officer for appeal) within a reasonable^period and the same^{may be} directed to be considered by the respondents in accordance to^law by providing an opportunity of^{personal hearing} to^{the petitioner.}

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Taking into consideration 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, the writ^petitaon is disposed of directing the petitioner to submit a detailed representation putting forth al! the pleas as put forth in the present writ

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petition and atso the legat pleas which are avaatable to the petitioner in support of the petitioner,s case to the DEloperation KukatpallV/SE/Operation RR North (Designated Officer for appeal) as indicated in the impugned proceedings dated 3O.O3.2O13 vide Lr.No.ADEr/OPlJDML/F.No.8/D.No.3421 of the Assistant Divisional Engineer, Operation, JeedimeUa addressed to the petitioner herein within a period of fifteen (15) days from the date of receipt of a copy of this order and upon the petationer submitting the representation, the concerned authority is directed to consider the same and pass appropriate orders in accordance to taw in conformity with the principles of natural justice by providing an opportunity of personal hearing to the petitioner within a period of two(2) weeks thereafter. However, there shalt be no order as to costs.

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any, pending in the Writ^petition shall also stand closed.

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SD/- P. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPYII /- 0\ SECTION OFFICER^</sup>

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To

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