The Hon’ble Sri Justice C.V. Nagarjuna Reddy Writ Petition No.40047 of 2014 Dated: 27.12.2014 Between:
M/s.Mehta Poli Flex Hyderabad, rep. by its Proprietrix Smt.Madhuri V.Mehta ..
Petitioner and The Southern Power Distribution Company of Telangana Limited, rep. by its Managing Director Telangana State and 3 others.
..
Respondents Counsel for the petitioner: Mr.D.V.Nagarjun Babu Counsel for the respondents: Mr.SV.Ramana for Mr.O.Manohar Reddy, TSSPDCL Standing Counsel for The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in issuing the notice vide Lr.No.ADE/Op- SD/G.Pahad/F.No.DPE/D.No. /14, dated Nil, which was received by the petitioner on 28.07.2014, as illegal and arbitrary.
It is the pleaded case of the petitioner- firm that as soon as the impugned notice, proposing to re-categorise its service from LT Category- III to LT Category- II, was received, it has submitted objections on 30-07-2014 to respondent No.2 and that without holding an enquiry and passing an appropriate order, the respondents are seeking to disconnect the power supply to its service connection.
At the hearing, Mr.D.V.Nagarjun Babu, learned Counsel for the petitioner, submitted that today morning, the respondents have disconnected the power supply to the petitioner’s service connection.
Mr.S.V.Ramana, learned Counsel representing Mr.O.Manohar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited (TSSPDCL), on instructions from the respondents, submitted that though, in the impugned notice, the petitioner was informed that if it has any objections, it should file the same before the Divisional Engineer/DPE/RR (South), it has submitted its objections before respondent No.2, who is not the competent authority.
In my opinion, the respondents ought not to have made such a hyper-technical approach. Even if respondent No.2 has received the objections, he ought to have made over the same to the Divisional Engineer/DPE/RR (South). I am, therefore, of the opinion that disconnection of power supply to the petitioner’s service connection, without considering its objections, is illegal.
Accordingly, the respondents are directed to forthwith restore the power supply to the petitioner’s service connection. Respondent No.2 is directed to forward the objections, stated to have been filed by the petitioner before him, to the Divisional Engineer/DPE/RR (South). On receipt of those objections, the Divisional Engineer/DPE/RR (South) shall issue notice to the petitioner, hold an enquiry, pass a final order and communicate the same to the petitioner. Till this exercise is completed, the power supply, directed to be restored to the petitioner’s service connection, shall not be disconnected.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.Nos.50226 and 50227 of 2014, filed by the petitioner for interim relief, are disposed of as infructuous.
(C.V. Nagarjuna Reddy, J) Dt: 27th December, 2014 lur