Telangana High Court
M/S. Zuari Cement Limited vs Telangana State Electricity ... on 9 November, 2023
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.31189 OF 2023
ORDER:
The present writ petition is filed by the petitioner for following relief:
"....to issue a writ, direction or order or orders more particularly one in the nature of writ of mandamus, questioning the action of the respondent Nos.2 to 4 in levying and demanding surcharge on Penal Demand Charges for the period from 11.09.2007 to 18.10.2023 vide Lr.No.SE/OP/NLG/SAO/HT/D.No.138/23, dated 19.10.2023 issued by the 4th respondent and further directing the petitioner to pay the alleged dues within a period of 15 days, failing which threatening to disconnect power supply, despite the fact that stay petition and original petition pending consideration before the 1st respondent, as arbitrary illegal, un- authorized, contrary to provisions of the Electricity Act, 2003, besides being un-constitutional and violative of the Petitioner's rights guaranteed under Articles 14 and 19 (1) (g) of the Constitution of India..."
2. Today when the matter is called, the learned counsel for the petitioner submitted that challenging the Notice dated 19.10.2023 issued by the 4th respondent demanding payment of surcharge for the period from 11.09.2007 to 18.10.2023 vide Lr.No.SE/OP/NLG/SAO/HT/D.No.138/23 to the tune of Rs.2,08,71,015.0/-, he filed an Original Petition along with Stay Petition before the Telangana State Electricity Regulatory 2 WP_31189_2023 NBK, J Commission (TSERC)/respondent No.1 but, as on today the said petition is not numbered and no stay is granted. He further submitted that a representation dated 07.11.2023 was submitted to the respondent No.1 requesting the commission to take up the matter as early as possible in view of the urgency in this matter. As on today, no proceedings were initiated by respondent No.1 and therefore prayed this Court to direct the respondent No.1 to dispose of the matter within a stipulated period.
3. On the other hand, learned counsel for the respondent vehemently opposed the disposal of the writ petition without payment of part amount to the Corporation.
4. Having regard the submissions on both sides and in view of the urgency expressed by the learned counsel for the petitioner, the petitioner is directed to deposit 1/4th of Rs.2,08,71,015.0/- as demanded in the notice dated 19.10.2023, within a period of two weeks from the date of receipt of this order.
5. Further, the respondent No.1 is hereby directed to take up this matter and dispose of the same within a period of (04) weeks from the date of receipt of copy of this order. 3
WP_31189_2023 NBK, J
6. Accordingly, this writ petition is disposed of. No order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
___________________________ NAGESH BHEEMAPAKA, J Date:09.11.2023 VRKS