THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.36833 of 2014
Between:
Dated 02nd December, 2014
Pentaparthi Surender Reddy And …Petitioner The Telangana Southern Power Distribution Company Ltd., rep.by its Manager Director, Corporate Office, at 6-150, Mint Compound, Hyderabad and others …Respondents Counsel for the petitioner: Sri Prakash Chakravarthy Counsel for the respondents: Sri O.Manohar Reddy The Court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief:
“…to issue any Writ, Order or Director more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents herein in collecting penalty of more than 3 times over and above the actual electricity consumption charges in respect of the petitioners service connections bearing S.No.11059 00436, S.No.11059 00433, S.No.11059 00437, S.No.11059 00438, S.No.11059 00432, S.No.11059 00434, S.No.11059 0435, installed at the Petitioner’s house bearing Plot No.180, in Sy.No.44, in Janapriya West City (Phase-I) situated at Maktha Mahaboobpet, Serilingampally Mandal, R.R.District, as illegal, arbitrary and without jurisdiction and consequently direct Respondent Nos.1 to 4 herein not to collect penalty except the actual consumption charges.”
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 petitioner did not secure Occupancy Certificate from the Greater Hyderabad Municipal Corporation of Hyderabad, was decided by this Court 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 to disposal of the writ petition, W.P.M.P.No.46097 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 02nd December, 2014
VGB