GAMPA SRINIVAS Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) Heard P.Sri Raghuram, the learned senior counsel, representing the counsel for the petitioners and also the learned Govt. Pleader for Energy representing the 1st respondent and Sri R.Vinod Reddy, learned Standing counsel for the respondents 2 to 5 and perused the prayer in the Writ Petition, supporting affidavit and order in previous W.P.No.7115 of 2014 dated 21.07.2015, the provisions particularly condition No.8-4 of the general terms of power supply and also perused the propositions placed reliance by both the sides.

(2.) Supporting affidavit of the 1st petitioner speaks that they are the purchasers of two plots admeasuring 920sq. yards from one M. Madhusudan Reddy, who is the Proprietor of M/s Arkay Industries and also Managing Director of another company M/s Maks Casting Private Limited, who purchased the same from M/s Sri Rama Potters Industrial Co-operative Society Limited, IDA Uppal, Hyderabad under registered sale deed,dt.14.08.1998 and said Maks Casting Pvt.Ltd. availed loan from Andhra Bank by mortgaging the above two plots and having failed to repay, for discharge of the debt with the consent of the bank, the owner of the plots i.e. M. Madhusudhan Reddy, when offered to sell, the petitioners purchased the same. It is also averred that said Madhusudhan Reddy addressed a letter to 3rd respondent-Southern Power Distribution Company of Telangana Limited (for short, 'SPDCTL') represented by its Superintending Engineer giving three months notice for termination of HT agreement with him and the 3rd respondent issued a letter dated 18.07.2013, by giving effect to the termination from 08.10.2013 or from any subsequent date of its disconnection whichever is later and the service was disconnected consequently by recording the final readings. The affidavit further shows that the petitioners applied for a new service connection under commercial category on 28.01.2014 but the same was rejected by letter, dated 20.02014 stating that on field inspection, it was noticed that there was HT service connection earlier existing and there were outstanding dues thereon which are to be cleared. Impugning the same the petitioners filed above referred writ petition 7115 of 2014 where it was ordered on 21.07.2015 as follows:-

(3.) It is the averment that for non-compliance with the above order CC No.2063 of 2015 filed by the petitioners and the respondent filed Writ Appeal with more than 6 months delay impugning the said writ petition order dated 21.07.2015 and the same is pending. The respondents issued service connection No.140243606 after filing of the Contempt Case supra.