Sri. Pargiwal Ganesh Singh Vs Telangana State Southern Power Distribution Company

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132521

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

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FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 5459 0F 2025

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Between:

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Sri. Pargiwal Ganesh Singh, S/o. Pargiwale Megh Raj, Aged about 35 years, Occ. Business, No.13-4-5611N317, N-ew Ganga Nag5r, J-iyaguda, Asifnagar. PO, Karuyan Sahu, Hyderabad, 500006, Telangana.^-

...PETITIONER

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1_ TelanganA State Southern Power Distribution Company, Rep by it's Chairman and^Managing Director, 6150 Corporate Office lr/ini CohpoLind, Hyderabad 500063.

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2 The Superintending .Engineer, Operation, South Circle,^.lOth Floor, Gagan Vihar, Hyderabad-500063.

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3 Divisional Engineer, TGSPDCL Begum Bazar Division, Hyderabad South. 4 AE/.OP,.^{Kqnrygl'. O-perationSouth Circte/ TSSpDCL, Gagan Vihar,} Hyderabad-500063.

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..RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances slated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more. particularly one in the nature of writ of Mandamus declaring the action of the respondents herein, in issuing impugned .Notice bearing s.No.2702 dated. 12.02.2025 for disconnection of link service to Service Number. L4O14TO1 and Unique Service Number 100632002 of ERO Sultan Bazar demanding to pay Rs..1,33,4471-, as illegal, arbitrary, u nconstitutional apart from being in violation of principles of natural justice, consequently, direct the Respondent not to take any coercive steps in disconnecting the electricity to the petitioner premises.

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lA NO:1 oF 2025

Petition under section 1si cpc praying that in the circumstances stated in the hffidavit filed in support of the petition, the High court may be preased to suspend the impugned Notice bearing S.No.2702 dated. 12.02.2025 and direct the respondents not to disconnection of rink service to service Number. L4014701 and Unique service Number 100632002 of ERo surtan Bazar, pending disposar of the above writ petition.

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Counsel for the petitioner: SRI MD ARSHAD AHMED

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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. ]USTICE SUREPALLI^NANDA WRIT PETITION No.5459 0F^2(J25

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ORD ER:

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Heard Sri Md.Arshad Ahmed,^{learned counsel} appearing on behalf of the^petitioner and^Sri N.Sreedhar Reddy, learned Standing^{Counsel for} TGSPDCL, appearing on behalf of the^respondents.

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2 The Detitioner aooroached the Court eekino praver 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^{action of the} respondents^particularly herein, in^{issuingimpugned} Notice bearing S.No.2702 dated 12.02.2025^for disconnection of link service to Service^Number. L4Ol4,7O7 and Unique Service Number 10063200:2^of ERO Sultan Bazar demanding to^{paY Rs.1,33,447/-,} as illegal, arbitrary, unconstitutional apart^from being in violation of^principles of natural^justice, consequently, direct the Respondent not to take^any coercive steps in disconnecting the electricity to^the petitiorrer premises and pass such other order or orders as the Hon'ble Court^may deem fit and^proper in the circumstances of the case."

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wP 5459 2025

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The case of the petitioners, in brief, is that the petitioner is the absolute owner of the premises No.13-4567/53, Ganga Nagar, Jiyaguda, Circle 30, Hyderabad having purchased the same from one Shoba Bai. prior to purchasing the property, it was used as a micro-industry and it was closed in the year 2022. Subsequenuy, the petitioner used the premises as a godown till December 2024. ln January 2025, the petitioner converted the premises into a small function hall and requested the respondents to change the electricity meter's contracted load from 66 Hp to 20 Hp and the respondents changed the meter to 20 Hp. The petitioner had cleared the electricity bill till October, 2024 by paying an amount of Rs.40,989/- vide receipt dated 26.L0.2024. However, the respondent issued Notice to the petitioner bearing S.No.2702 dated 12.02.2025 for disconnection of link service to Service No.L4014701 and Unique Service No.100632002 of ERO Sultan Bazar, demanding payment of Rs.1,33,447/- without any clarification on the charges. Aggrieved by the same, the petitioner filed the present writ petition.

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wP 5159²⁰²⁵

It is th': specific^{caseof the petitionerthat the petitioner} isnotentitledforthepaymentofRs'1'33'447/-asperthe notice issued^{to the petitionerdated 12'02'2025 by the} respondent^{I'lo'4 h e rein.}

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Learned^{StandingCounselfor TGSPDCL'appearing on} behalf of the^{respondentssubmits that the petitioner rnay be} directed to^{:;ubmita detailed representation pertainingto the} impugned^{nctice dated 12.02'2025 issuedto the petitionerby} the respondent^{No.4 herein and the sameworlld be} considered^{rnrithin a reasonable period'}

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6 T tn n er

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The aforesaid^{facts and circumstancesof the case} a) and,

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The submissions^{put-forthby the learned counsel} b) appearing on^{behalf of the petitioner and the learned} Standing Counsel^{for TGSPDCL,appearing on behalf of} respondents,

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The writ Petition is disPosed of^{directing the} petitioner to submit a detailed^{rePresentation} pertaining to the impugned^{noticedated 12'O2'2025}

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wP 5459 2o2s

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issued to the petationer by the respondent No.4 herein within a period of one(1) week from the date of receipt of a copy of this order and upon the petitioner furnishing detaited representation pointing out all the objections pertaining to the impugned notice dated 12.02.2025 and upon receipt of the same, the respondents shall consider the same and pass appropriate orders on the said representation within a period of two(2) weeks thereafter in accordance to taw by providing an opportunity of personar hearing to the petitioner. The present consent order is passed as per the conbent of both the tearned counset appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the respondents. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ

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Petition, shall stand close d.

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SD/. K.SREERAMA^MURTHY AS S T REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To, 1. The Chairman and Manaoinq Director, Telangana State Southem Power OltiriUution Company,^{6 1"50} borporate^{Office[t/int Compound' Hyderabad} 500063.

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Z. ifre Superintending^{Engineer, Operation, South Circle,1OthFloor, Gagan} Vihar, Hyderabad-500063.

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S. Oivlsibniie ngineer,^{TGSPDCL BegumBaz-arD]vision' Hyderabad South'} +. AeiOp, Karwin,^{Operation South eircle/ TSSPDCL' Gagan Vihar,} Hvderabad-500063.

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