The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36910 of 2014 Dated 02.12.2014 Between:
B.Jaya Raj and 4 others.
…Petitioners And The State of Telangana, Rep. by its Prl.Secretary, Dept., of Energy, Hyderabad, and 5 others.
…Respondents Counsel for the petitioners: Mr.P.Vamsheedhar Reddy Counsel for respondent No.1: AGP for Energy Counsel for respondent Nos.2 to 6: Mr.O.Manohar Reddy (SC for TSSPDCL) The Court made the following:
Order:
This Writ Petition is filed for the following substantive relief:
“to issue a Writ or order (s) more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in imposing electricity consumption charges three times higher than the regular ones in respect of service connection Nos.A1029334,
relating to Electricity Revenue Office (ERO), Greenlands, Hyderabad, attached to the premises bearing municipal No: 1-8-856, Gareebnagar, Prakash Nagar, Begumpet, Hyderabad, as being illegal, arbitrary, unconstitutional and violative of the principles of natural justice and consequently, direct the third respondent to adjust the amounts already collected from the petitioners in excess of the normal rates to the credit of the said service connections of the petitioners and be pleased to pass such other order(s).”
At the hearing, it is not disputed by learned Counsel for both the parties that the issue similar to that raised in this Writ Petition viz., demanding more electricity consumption charges than the tariff stipulated by the APERC only on the ground that the petitioners did not secure Occupancy Certificate from the Greater Hyderabad Municipal Corporation of Hyderabad, was decided by this C o u r t vide W.P.No.32906 of 2014, dated 05.11.2014.
For the same reasons as contained in the aforesaid order, this Writ Petition is allowed in part with the direction that the reasons and directions contained therein shall form part of this order.
As a sequel, WPMP.Nos.46180 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 2nd December, 2014
LUR