The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36934 of 2014 Dated 02.12.2014 Between:
M/s.KDA ISPAT Pvt., Ltd., Medak, rep. by its Director Sri Suseel Kumar …Petitioner And The Southern Power Distribution Company Limited, rep. by its Chairman & Managing Director Hyderabad and 2 others …Respondents Counsel for the petitioner: Mr.M.P.Chandramouli Counsel for the respondents: Mr.O.Manohar Reddy, SC for SPDCL The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the demand made by the respondents for Rs.45,70,965/-, at Sl.No.2 in Format - B (No Dues Certificate from Discom), dated 24-11-2014, towards open access for the months of April, 2013 to June, 2013, as illegal. The petitioner sought for a consequential direction to the respondents to refund Rs.5,62,755/- to it.
I have heard Mr.M.P.Chandramouli, learned Counsel for the petitioner, and Mr.S.V.Ramana, learned Counsel representing Mr.O.Manohar Reddy, learned Standing Counsel for the respondents.
The petitioner has averred that on receipt of the impugned demand, it has filed a complaint before the Grievance Redressal Forum – II, under Section 42 (5) of the Electricity Act, 2003, and that the same was entertained on 29.11.2014. The grievance of the petitioner is that pending the said complaint, the respondents have been threatening to disconnect the power supply to its service connection.
The learned Standing Counsel for the respondents has admitted that the petitioner has approached the Grievance Redressal Forum - II as pleaded by it and that the respondents are also offering their remarks to the said complaint.
Inasmuch as the petitioner has raised a dispute, which, in my opinion, is bona fide, before the Grievance Redressal Forum – II, Hyderabad, it is appropriate that the said forum considers the petitioner’s complaint with reference to the stand taken by the respondents and passes appropriate order, after hearing both sides and that, till the above process is completed, the power supply to the petitioner’s service connection is not disconnected for non-payment of the impugned demand.
In this view of the matter, the Writ Petition is disposed of without expressing any opinion on the merits of the case and with the direction to the Grievance Redressal Forum- II, Hyderabad, to dispose of the petitioner’s complaint after hearing both sides within one month from the date of receipt of this order. Till such disposal, the respondents shall not disconnect the power supply to the petitioner’s service connection for non-payment of the impugned demand.
As a sequel, WPMP.No.46205 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 2st December, 2014
LUR