HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.32955 of 2014 Date : 31-10-2014 Between:
B. Padmana @ K. Padmaja Simha .. Petitioner And Assistant Divisional Engineer (TSSPDCL), Southern Power Distribution Company of Telangana Limited, Operation Circle (Central), Hyderabad and another .. Respondents Counsel for petitioner : Sri Bankatlal Mandhani Counsel for respondents : Sri O. Manohar Reddy, Standing Counsel The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of respondent Nos.1 and 2 in disconnecting electricity supply to service connection bearing Nos.F6002197, F6002198, F6002202 and F6002156 on 28-10-2014 as illegal and arbitrary.
At the hearing, Sri O. Manohar Reddy, learned Standing Counsel representing the respondents, submitted that all the service connections, including the service connection on the ground floor wherein a commercial establishment is being run, are in the name of the petitioner and that in respect of service connection bearing No.F6002201 the petitioner is liable to pay Rs.1,00,514/- and additional consumption deposit of Rs.54,220/-.
Sri Bankatlal Mandhani, learned Counsel for the petitioner, submitted that there is a dispute between the petitioner and the tenant who is availing supply through service connection No.F6002201 and the tenant has not evidently paid the electricity consumption charges. He has disputed the liability of the petitioner for payment of the additional consumption deposit.
Inasmuch as the service connection being used by the tenant is also standing in the name of the petitioner, she cannot deny her liability to pay the consumption charges in respect of the said service connection. However, the petitioner is permitted to pay the consumption charges levied in two instalments. On payment of 50% of the consumption charges mentioned above, the respondents shall restore power supply to service connection Nos. F6002197, F6002198, F6002202 and F6002156 only. The petitioner shall pay the balance 50% of the amount within four weeks from the date of restoration of the power supply, failing which the respondents shall be free to disconnect the power supply to the said service connections.
As regards the additional consumption deposit, the petitioner is permitted to make a detailed representation to respondent No.1 within one week from the date of receipt of this order. Such representation shall be considered and an appropriate decision is taken and communicated to the petitioner by respondent No.1. If the petitioner feels aggrieved by such decision, she shall be free to avail her remedies under Section 42(5) and (6) of the Electricity Act, 2003.
Subject to the above directions, the Writ Petition is disposed of. As a sequel to the disposal of the Writ Petition, WPMP No.41207 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 31-10-2014 AM