Telangana High Court
Banothu Prem Singh vs The Southern Power Distribution ... on 19 April, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.10027 OF 2024
ORDER:
Heard Mr. Mohd. Barkat Ali, learned counsel for the petitioner, Mr. R. Vinod Reddy, learned Standing Counsel for TSSPDCL appearing for respondent Nos.1 to 4 and learned Assistant Government Pleader for Energy appearing on behalf of respondent No.5.
2. The petitioner approached the Court seeking prayer as under:
" ... to issue an appropriate Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of the respondents in not considering the application of the petitioner dated 05.01.2024 for service connection to the petitioner Gurudwara Saheb Mahendra Hills vide Regd. Application No.NR916243855047 dt.05/01/2024 PR.No. 916245512836 inspite of providing service connection issued the notice Case No.DEP/SCBD/SD01/3134/24 dated 27.03.2024 for theft of Electricity by assessing Rs.1,06,993/ wherein the petitioner is using solar power to the Gurudwara Saheb is illegal, arbitrary, contrary to law and violation of Principles of natural justice and consequently set aside the notice by providing service connection to the petitioner Gurudwara Saheb forthwith 2 SN, J WP_10027_2024 and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."
3. The case of the petitioner in brief is that the petitioner hails from religious and pious family and he is also performing granthi/priest and also present of the Saheb Gurudwar, Maredpally. He is in peaceful possession and enjoyment of the property bearing Sy.No.844/1 admeasuring 1300 Sq. yards situated at Mahendra Hills, East Maredpally, Secunderabad and constructing Gurudwara along with prayer halls, two rooms and religious flat (Nishan Saheb) without any interruption and they have erected solar power and getting the electricity from the solar power. Since the solar electricity is not sufficient to the devotees, the petitioner made an application to the respondents for providing electricity service connection in the Gurudwara on 05.01.2024 by paying requisite fee of Rs.4,800/- for security deposit and for Rs.7,691/- non domestic and commercial load. However, respondents have not given service connection to the petitioner Gurudwara Saheb Mahendra Hills till date. Without giving new service connection, the respondents had issued notice to the petitioner vide Case No.DEP/SCBD/SD01/3134/ 3 SN, J WP_10027_2024 24 dated 27.03.2024 provisional assessment notice of S.C.No.DT (UKSCNo.--) Category LT-I (B)- Domestic above 100 Units/month up to 200 Units/month of 100303 -East Maredpally (GRP-A) in Maredpally section District) for theft of Electricity and assessed at Rs.1,06,993/- based on the assessment rules. Aggrieved by the same, the petitioner filed the present writ petition.
4. It is the specific case of the petitioner that vide application of the petitioner dated 05.01.2024, petitioner requested the respondent Nos.1 to 4 herein for service connection to the petitioner Gurudwar. Instead of providing service connection, respondent authorities had issued notice dated 27.03.2024 for theft of electricity by assessing Rs.1,06,993/-. The petitioner using only solar power to the Gurudwar and the notice is issued calling upon the petitioner to deposit the said amount and further alleging the theft of electricity by the petitioner is illegal and arbitrary.
5. Taking into consideration the said submissions made by the learned counsels on record, the writ petition is disposed of directing the respondents to 4 SN, J WP_10027_2024 consider the representation of the petitioner dated 05.01.2024 for service connection to the petitioner Gurudwar and pass appropriate orders within a period of two(2) weeks from the date of receipt of a copy of this order in accordance to law in conformity with principals of natural justice. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 19.04.2024 Lpd 5 SN, J WP_10027_2024 283 HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.10027 OF 2024 DATE: 19.04.2024.
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