Bommaka Ramesh Vs Telangana State Southern Power… — Writ and Judicial Review | Telangana HC (2025)

Bommaka Ramesh Vs Telangana State Southern Power… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

No fresh substantive adjudication or relief: the writ petition was disposed of on the strength of the subsisting interim order dated 25.10.2018 restraining disconnection; miscellaneous petitions, if any, pending in the writ petition were directed to stand closed; no order as to costs.

Issue for consideration

Whether the respondents' issuance of the Notice of Demand dated 03.10.2018 (Lr.No.ADE/OP/Uppal/D.No.8511/18) on service connection SC No.160301632 (LT II(B) Non-Domestic/Commercial) without the prescribed procedure under clause 10 of the General Terms and Conditions of Supply was arbitrary, illegal and contrary to Section 135 of the Electricity Act 2003, warranting a writ of mandamus and restraint on disconnection. +1 more

Ratio / Principle

In view of the interim order dated 25.10.2018 granted by this Court, no further orders needed to be passed in the present writ petition.

Key takeaways

The writ petition was accordingly disposed of.ratio¶¶35

Detailed headnote1 paragraphs

W.P. No.38005 of 2018, High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), decided 09.07.2025 by Honourable Sri Justice Pulla Karthik (single bench): Bommaka Ramesh v. Telangana State Southern Power Distribution Company Limited and two of its officers (Superintending Engineer and Assistant Divisional Engineer, Uppal). The petitioner, served with a Notice of Demand dated 03.10.2018 (Lr.No.ADE/OP/Uppal/D.No.8511/18) on his LT II(B) Non-Domestic/Commercial connection SC No.160301632, alleged in an Article 226 petition that the notice was issued without the prescribed clause 10 procedure of the General Terms and Conditions of Supply and contrary to Section 135 of the Electricity Act 2003, and sought a writ of mandamus together with restraint on disconnection. Interim protection had already been obtained on 25.10.2018 through I.A. No.1 of 2018 (Section 151 CPC); the respondents had later filed I.A. No.1 of 2019 (Section 151 CPC) seeking vacation of that interim order and dismissal of the writ. At hearing, on counsel's representation that the existing interim order obviated further orders, the Court disposed of the writ petition without adjudicating the merits of the Notice of Demand; miscellaneous petitions pending in the writ were closed and no order as to costs was made. Precedential value is limited: no finding, ratio or treatment of any precedent emerges on the clause 10 GTCS / Section 135 controversy, as the merits were expressly left untouched.

I33011

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

WEDNESDAY ,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION NO: 38005 OF 2018

Between:

BOMMAKA RAMESH, S/o.B.Pochaiah, Occ. Business, Aged about 47^years, Rl/o.Plot No.2, Bommak Brother Colony, Boduppal, Hyderabad

...PETITIONER

AND

1 TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LItVITED, Hyderabad, Rep. by its Chairman and Managing Director.

2 THE SUPERINTENDENTING ENGINEER, Telangana State Southern Power Distribution Company Ltd-Uppal, Hyderabad.

THE ASSISTANT DIVISIONAL ENGINEER, Telangana State Southem Power Distribution Company Ltd., Uppal, Hyderabad.

...RESPONDENTS

Petition under Article 226 oI the 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 issuing a Notice of Demand vide Dated 03.10.2018 in Lr.No.ADE/OP/Uppal/D.No.851'l/18 to the Petitioners service connection vide SC No.160301632 Category LT ll(B)-NonDomestic/Commercial without following the prescribed procedure under clause 10 of General Terms and Conditions of Supply is arbitrary, illegal and against to the provisions of Section 135 of Electricity Act 2003 and consequently direct the Respondents not to disconnect the power supply to the Petitioners service connection vide SC No.160301632 Category LT ll(B)-Non-Domestic/Commercial

lA NO: 1 OF 2018

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 the Direct the Respondents not to disconnect the power supply^pursuant to the Notice of Demand vide Dated 03.10.2018 in Lr.No.ADE/OP/Uppal/D.No.8511/'18 to the Petitioners service connection vide SC No.160301632 Category LT Il(B) NonDomestic /Commercial pending disposal of the above writ^petition

lA NO: 1 OF 2019

Between:

TELANGANA STATE SOUTHERN POWER DISTRIBUTION COMPANY LIMITED, Hyderabad, Rep. by its Chairman and Managing Director.

THE SUPERINTENDENTING ENG|NEER, Tetangana State Southern power Distribution Company Ltd-Uppal, Hyderabad.

THE ASSISTANT DIVISIONAL ENGINEER, Telangana State Southern power Distribution Company Ltd., Uppal, Hyderabad.

...PETITIONERS/RESPONDENTS

AND

qql\4MAKA RAMESH, S/o.B.Pochaiah, Occ. Business, Aged about 47 years, Rl/o.Plot No.2, Bommak Brother Colony, Boduppal, Hyderabad

...RESPONDENT/PETITION ER

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 vacate the interim order dated: 25-10-2018in l.A.No. 01 of 2018 in W.p.No. 38005 of 2018 and dismiss the writ petition

Counsel for the Petitioner: Ms. BHAKTT TURAKHTA REPRESENTING FOR SRt. SUJITH JAISWAL

Counsel for the Respondents: SRt N. SREEDHAR REDDY SC FOR TGSPDCL

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION No.38OO5 OF 2018

ORDER:

When the matter is taken up for hearing, Ms.Bhakti Turakhia, learned counsel representing Sri Sujith Jaiswal, learned counsel for the petitioner submits that in view of the interim order, dated 25.lO.2OlB, granted by this Court, no further orders need to be passed in the present Writ Petition

2. Accordingly, this Writ Petition is disposed of

Miscellaleous petitions, if any, pending in this Writ

Petition, shall stand closed. There shall be no order as to

costs.

D/.M.OSMAN^{ALI BAIG} SISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Chairman^{and Managing Director TELAN-G} STATE SOUTHERN POWER DISTRIBUTIONTOMPANY^LIMITED' erabad.

2.THESUPERINTENDENT|NGENG|NEER,TelanganaStateSouthemPower Distribution Company^{Ltd-Uppal, Hyderabad'}

3.THEASS|STANTDlVlSloNALENGlNEER,TelanganaStateSouthernPower Distribution Company^{Ltd., Uppal, Hyderabad'}

One CC to SRl.^{SUJITH JAISWAL Advocate[OPUC]}

One CC to SRI^{N. SREEDHARREDDYSC FORTGSPDCL[OPUC]}

Two CD CoPies

KKS/BSK

HIGH COURT

DATED:0910712025

ORDER

WP.No.38005 of 2018

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DISPOSING THE WRIT PETITION WITHOUT COSTS

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