S. Lakshmi Prathyusha Vs The State of Telangana

S. Lakshmi Prathyusha, Wo. S Suresh Kumar Reddy, Aged 34 years, Occ. Service, Fl/o. Flat No. 2417, Block No. ll (lMonalisa), 4th Floor in Janapriya Homes Classic at Janapriya lVetropolis situated at ward no.B, Block no.4, Fathenagar Village, It4oti Nagar, Erragadda, Hyderabad, Telangana 500018.

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Kunal Kumar l\ilishra, Sio. Late Sri Liladhar tt/ishra, Aged 43 years, Occ. Service, RJo. Flat No. 2418A, Block No. 1 1 (lVlonalisa), 4th Floor in Janapriya Homes Classic at Janapriya Metropolis situated at ward no.B, Block no.4, Fathenagar Village, /o1i Nagar, Erragadda, Hyderabad, Telangana 500018.

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Syed lt4oshin, Wo. Kolati Syed Hussain, Aged 28 years, Occ. service, R/o. Flat No. 24188 and 2419A, Block No. ll (lt4onalisa), 4th Floor in Janapriya Homes Classic at Janapriya lVletropolis situated at ward no.8, Block no-4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad, Telangana 500018.

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Manchala Ganesh Rao, Sio. [t/, Satyanarayana, Aged 50 years, Occ. Service, Rr/o. Flat No. 24'198 and 2420A. Block No. ll (lr,4onalisa), 4th Floor in Janapriya Homes Classic at Janapriya [,4etropolis situated at ward no.8, Block no.4, Fathenagar Village, [,4oti Nagar, Erragadda, Hyderabad, Telangana 500018.

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...PETITIONERS

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AND

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1 The State of Telangana, Energy Department, Rep. by its Secretary, Secretariat. Hyderabad.

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2 Southern Power Distribution Company of Telangana Limited Corporate Office, Central Secretariat, Khairtabad, Hyderabad, Telangana 5OOO22.

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, The Superintending Engineer, DPEffGSPDCL, Mint compound, Hyderabad.

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4 The Divisional Engineer, DPE/Ban.jara hills, GTS Colony, Erragadda. Hyderabad.

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5 The Assistant Divisional Engineer, DPE/ Banjara Hills, Hyderabad-

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6 The Assistant Engineer, OPRI/AE/Erragadda, 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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents in^giving the service connection under LT-CAT-Vlll^(temporary supply), which is a commercial connection given for construction^purposes to the residential unique service connections bearing USC No. 114794198 of Flat no. 2417 belonging to Petitioner no.1, USC No. 114794361 of Flat no. 2418A belonging to Petitioner no.2, USC No. 11479427^'l of Flat no. 24188 and 2419A belonging to^{Petitioner no.3,} and USC No. 114794273 of Flat no. 24198 and 24204 belonging to^{Petitioner no.4} of the residential complex known as Janapriya Homes Classic at Janapriya Metropolis situated at ward no.8, block no.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad, instead of LT-CAT-I which is^given to domestic units, as illegal, arbitrary, violative of the^provisions of the Electricity Act, 2003, violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to change the service connections of the Petitioners electricity meters from LT CAT-Vlll to LT CAT-l

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lA NO: 1 OF 2025

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Petition under Section^'1 51 CPC praying that in the circumstances stated in the affldavit filed in support of the petition, the High Court may be^pleased to direct the Respondents to convert the^power supply which is released to the Petilioners under the USC No. 114794198 of Flat no 2417 belonging to Petitioner no.1, USC No 114794361 of Flat no. 24184 belonging to Petitioner no.2, USC No. 114794271 of Flat no. 24188 and 2419A belonging to Petitioner no.3, and USC No. 114794273 of Flat no. 24198 and 24204 belonging to Petitioner no.4 of the residential complex known as Janapriya Homes Classic at Janapriya trzletropolis situated at ward no.8, block no.4, Fathenagar Village, I\rloti Nagar, Erragadda from LT CAT-VIIl to LT CAT-I and continue to supply the power under LT CAT-l

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Counsel for the Petitioner: SRI T. SURYA SATISH

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Counsel for the Respondent No.1: ASST. GP FOR ENERGY

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Counsel forthe Respondent No.2 to 6: SRI N. SREEDHAR REDDY, SC FOR TGSPDCL

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The Court made the following: ORDER

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION No.891 OF 2025

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ORDER:

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Heard Sri T. Surya Satish, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Energy appearing on behalf of respondent No.1 and Sri N, Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.2 to 6.

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The petitioners approached the Court seeking prayer as under:

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" ...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in giving the service connection under LT-CAT-VIII (temporary supply), which is a commercial connection given for construction purposes to the residential unique service connections bearing USC No.114794198 of Flat No. 24L7 belonging to Petitioner No.1, USC No.114794361 of Flat No. 2418A belonging to Petitioner No.2, USC No.L14794271 of Flat No. 24188 & 24194 belonging to petitioner No.3, and USC No. 114794273 of Flat No. 24198 & 242OA belonging to petitioner No.4 of the residential complex known as "Janapriya Homes Classic at Janapriya Metropolis" situated at ward No.B, block

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No.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad instead of LT- CAT-I which is given to domestic units, as illegal, arbitrary, violative of the provisions of the Electricity Act, 2003 violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to change the service connections of the Petitioners' electricity meters from LT CAT-VIII to LT CAT-I and to pass...".

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The case of the petitioners, in brief, is that the petitioners are owners of different flats in the same residential complex known as "lanapriya Homes Classic at Janapriya Metropolis" situated at Ward No.B, Block No.4, Fathenagar Village, Moti Nagar, Erragadda, Hyderabad. The respondents were not releasing the electricity su pply/con nections to the flats of the petitioners on the ground that occupancy certificate was not produced. Pursuant to the directions of this Court dated 16.04.2024 in W.P. No. 9501 of 2024 filed by M/s. lanapriya Engineers Syndicate Ltd., the respondent Company had issued Memo No. CGM (Comml)SE (c)/DE(c)-2/ADE-tv/DNo.524/202425, dated 18,05.2024 and a bare perusal of the same indicates that electric supply shall be released to the petitioners subject premises under LT-CAT-VIII (Temporary Supply) until production of occupancy certificate. It is the specific case of the petitioners

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wP_891 2025

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that petitioners flats are domestic/residentia I units and therefore, the power supply has to be issued under domestic/residentia I category only but cannot be either under commercial or construction category, and the releasing of power supply under category VIII which is of very high tariff to the residential units is illegal, arbitrary apart from being violative of the provisions of the Electricity Act. Aggrieved by the said action of the respondents, the petitioners filed the present writ petition.

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Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.2 to 6 submits that the writ petition could be disposed oF, directing the petitioners to put forth their grievance by way of a detailed representation to the respondents herein and the respondents would eventually consider the same in accordance to law, within a reasonable period.

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The learned counsel appearing on behalf of the petitioners does not dispute the said submission made by learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.2 to 6.

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A bare perusal of the record indicates that the grievance of the petitioners to convert the power supply which is released to

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l

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4

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4 wP 891 2025 the petitioners to their residential premises titled "JANAPRIYA METROPOLIS,,situated at Ward No.B, btock No.4, Fathenagar village, Motinagar, Erragadda, Hyderabad from LT CAT-VIII to LT CAT-I and continue to supply the power under LT CAT-I had not been communicated to the respondents till date by way of representation and hence this court opines that there has been no inaction on the part of the respondents in considering the grievance of the petitioners as alleged by the petitioners.

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Taking into consideration the facts and circumstances of the case, the writ petition is disposed of directing the petitioners to put forth their grievance by way of representation to the respondent Nos.2 to 6 within a period of one ( 1) week, from the date of receipt of a copy of this order and upon the respondents receiving the said representation from the petitioners, the respondents shall consider the said grievance of the petitioners pertaining to petitioners, request seeking conversion of power supply to the petitioners from LT CAT-VIII to LT CAT-I and continue to supply the power under LT CAT-I to the petitioners herein within a period of two (2) weeks

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thereafter and pass appropriate orders in

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accordance to !aw, on the said representation and duly communicate the decision to the petitioners herein.

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However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in

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the Writ Petition shall also stand closed.

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SDI T. TIRUMALA^DEVI ASSISTAN REGISTRAR

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,TRUE^COPY//

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S ON OFFIC^ER

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To. '-'1 . Th" Secretary, The State of Telangana' Energy Department'^Secretariat' Hvderabad. ,-,:-:.^! /-^.^^,^r^.)rfi^o

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, b'6;i#;-P"wer^{Distribution Companyof Tel?ngana Limited Corporate officL} - 6;;i;;;l d;;etiriat, Ktiairtabad, t-ivde'rabad' Jelanoana 5oo022' 3. The superint"na^{ing En;'in!"i, oi;Enc SFoctriitcomp-ound' Hvderabad} i iij" oiti.i""ar^{Engine;i o-iE/ea'1a"hills' GTS Colonv'Erragadda} Hvderabad.

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s Tt;;;;;irnt^{Divisional Engineer' DPE/ Baniara Hills' Hvderabad} 6. iii; A;i;i;nt^{rnsineei, oeh/nrlrrrasadda'Hvderabad'} ; o;;'iC i;^{snr ilsunYe sArlsH. Advo-cate[oPUCi} B. one cc^{to sRt r.r. sidEiifrin'il'EijDY,5c Fbn rcspoct-toPUCl} 9. Two CCs^{to Gp FoilEiEiie?,'[ig-hCortt rot the Stateof Trjlansana[OUT]} 10 Two CD CoPies

8N GJP

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HIGH^COURT

DATED:2910112025

ORDER

WP.No.891^{of 2025}