M/s Bismilla and Shakthi Metal Industries v. Telangana State Southern Power Distribution Company Limited
Court: High Court for State of Telangana
Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-23. M/s Bismilla and Shakthi Metal Industries v. Telangana State Southern Power Distribution...
Judgment text
- *Fn [ 3488 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HONOURABLE SRI JUSTICE G. M. MOHIUDDIN WRIT AP PEAL NO: 466 OF 2026 writ Appeal under clause 15 of the Letters Patent Against order Dated 28t11t2025 in WP No 23764 of 2025. on the file of the High Court. Between: M/s Venkateswara Metal M/s Bismilla and Shakthi Metal lndustries, Previously At Sy No 132 Lingareddypet Village Crushing Bearing HT Service No MDK2521 Manohaiabad Mindal Medak District Rep by its Managing Partner Ghouse Khan sic Sri Qutbuddin Khan aged about 40 years occBusiness Rl/o H. No. 944lBl8l1 NFS Colony, Hakeempet, Tolichowki, Hyderabad ... APPELLANT AND 1. Telangana state Southern Power Distribution company Limited, Vidyut Soudha Somajiguda Hyderabad Rep by its Chairman and Managing Director' 2.
Telangana state southern Power Distribution company Limited corporate officel tospoCl, Mint Compound, Hyderabad. Rep. by its Chief General Manager (Revenue). TGSPDCL, 3. Telangana State Southern Power Distribution Company Limited, Tooprin, Medak District. Rep. by its Divisional Engineer (Operation)' 4. Telangana state southern Power Distribution company Limited TGSPDCL, Tooprln, Medak District, Rep. by its Superintending Engineer (Operation)' ... RESPONDENTS q:? l. A. NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to suspend the lmpugned Order in W. P. No. 23764 of 2025 dated. 28-11-2025 passed by the Learned Single Judge pending disposal of Writ Appeal. l. A.
NO: 3 OF 2026 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to restore power supply to the Appellant / Petitioner HT Service No. MDK2521 by suspend the impugned notice vide Lr. No. SE/O. P. No. /MD[(SAO/IAO- HT/F NO MDL-2521|D. N0 422125-26 Dated. 30-06-2025 issued by the 4th respondent, pending disposal of the Writ Appeal. Counsel for the Appellant : SRI AMARAGANT MALSOOR Counsel for Respondents: SRI N. SREEDHAR REDDY, SC FOR TSSPDCL The Court made the following: JUDGMENT E*::;*i ^ IN THE HIGH COURT FOR TIIE STATE OF TEI-A]\IGANA ATHYDERABA. D THE HON'BLE THE CHIEF JUSTICE SRI APARESH KT]MAR SINGH AND TIIE HON'BLE SRI JUSTICE G. M. MOTIITJDDIN WRIT APPEAL No. 466 of 2026 DATED :23. 04. 2026 Between: IWs. Bismilla and Shakthi Metal Industries ... Appellant A-N[D Telangana State Southern Power Distribution Company Limited and four others ..
, Respondents JT]DGMENT: Sri Amaragani Malsoor Goud, leamed counsel appears for appellant. Sri N. Sreedhar Reddy, leamed Standing Counsel for Telangana State Southem Power Distribution Company Limited appears for respondents. 2. The appellant is the petitioner who filed Writ Petition No. 23764 of 2025 challenging the notice of termination of its electricity HT Service Connection and for restoration thereof. The said Writ Petition was dismissed on grounds of suppression of facts and misleading the Court. 3. The appellant had HT Service Connection bearing No. MrDK252L. Its electricity connection was disconnected with effect from HCJ {AIGS. JI & GMM. J 2 W. A. No 466 of 2O26 13. 12. 2024 on account of non-pa)ment of dues. Writ Petition No. l201 of 2025 assailing thc said disconnection of electric power supply to the appellant was disposcd of with a direction to the appellant to deposit an amount of Rs. 2,43,153/- pertaining to the second instalment as per the proceedings dated 13. 12.
2024 within a period of one week from 20. 01. 2025 and upon its depositing the said due amount, the respondent Company shall forthwith restore the power supply to HT Service Comection belonging to the appellant's crushing unit situated in the land in Survey No. 132 of Lingareddypet Village, Manoharabad Mandal, Medak District. The appellant was also directed to comply with the instructions issued in the proceedings dated 11. 12. 2024 and pay the third instalment of Rs. 2,43,153/- on or before 12. 02. 2025, failing which, the respondent Company shall take due course of action against the appellant 4. The appellant claims to have deposited the first instalment of Rs. 3,00,000/- which, according to him, did not lead to restoration of its electricity connection. Thereafter, as per the case of the respondent company, based on the lefter dated 12. 12.
2024 addressed by the Assistant Director of Mines and Geology, Medak, the electric power supply to HT Service Connection of the appellant was disconnected for not having any EC, CFO and CFE for operating the stone crusher unit. The respondent company has taken a plea that after deposit of the first instalment, pursuant to the order of the leamed writ Court in the earlier B€ffii, HcJ lAKrs, J} & cMM, J w. A- No. rt6,6 of 2026 round, its electriciry connection was restored and thereafter, disconnected with effect from 23. 12. 2024. This is a disputed question in view of the stand of the parties. The disconnection of electric power supply remained all along till the notice was issued on 30. 06. 2025. This was made subject matter of W. P. No. 23764 of 2025. 5. In the said Writ Petition, based on the counter-affidavit filed by the respondent company, vide order under appeal dated 28. 11.
2025, the learned writ Court concluded that the appellant has invoked the writ jurisdiction by misrepresentation and suppression of facts wasting judicial time. Therefore, the appellant was not entitled to any relief. The said Writ Petition was dismissed with costs of Rs. 2,00,000/- to be deposited with the three different associations of this High Court. 6. Learned counsel for the appellant has pointed out that after dismissal of the Writ Petition by the leamed writ Court vde order under appeal dated 28. 11. 2025, the Assistant Director of Mines and Geology, Medak, vide proceedings dated I 1. 12. 2025 accorded sanction to M/s. Al-Meezan Metal Industry to continue the quarrying operations for building stone and road metal over an extent of 1. 00 Hebtare in Suwey No. t32 of Lingareddypet Village, Manoharabad Mandal, Medak District, for a further period of twenty (20) years with effect from 30. 07 . 2021 to 29. 07 .
2041 subject to the satisfaction of all terms and conditions laid down in Telangana Minor Mineral Concession Rules, 1966, and subsequent Government Orders and executive instructions HCJ (AKiS, J)& CMM, J 4 W. A-No 456 of 2026 from time to time. This letter is taken on record. Be it also indicated here that though the lettcr dated 12. 12. 2024 of the Assistant Director of Mines and Geology, Medak, was communicated to the respondent company, there was no officral communication of the said letter to the appellant as is apparent from perusal of the said letter and there was no specific averment to that effect in the counter-affidavit. 7. On the other hand, there is a dispute about restoration of electric pou. er supply to HT Service Connection of the appellant after the order passed in Writ Petition No,l201 of 2025. The appellant contends that a bill for pal,rnent of outstanding dues of Rs.
27,47,7301- has been raised during the period ,rf disconnection of power supply without actual consumption. 8. Leamed counsel for the respondent company has relied upon Clause 5. 9. 4. 3 of the General Terms and Conditions of Supply to contend that the sard dues are recoverable pursuant to the notice of termination of HT Service Connection dated 30. 06. 2025. The question of adjudication of the outstanding dues should not be gone into by this Court in exercise of writ jurisdiction in the present Writ Appeal. This dispute may be agitated by the appellant before the Consumer Grievance Redressal Forum having jurisdiction over the srtbject. 9. Therefore, upon heanng the learned counsel for the parties and after going through the relevant records and the proceedings dated I I . 12. 2025 whereby sanction has been accorded in favour of IWs. Al- . w HCJ (AKIS, 4 &, GMM, J W.
A-No-,r65 of 2026 Meezan Metal Industry to undertake quarrying operations, we are of the opinion that the appellant shall make a fresh application for HT Service Connection to its premises as per the conditions of the General Terms and Conditions of Supply which require payment of outstanding dues I against the previous Service Connection. If the apptlllant makes the said I I payment, the respondent company would consider grant of fresh electricity Service Connection in favour of the appellant without any delay subject to other formalities and compliance being made by the appellant. However, the dispute on the computation of the bill totalling to Rs. 27 ,47 ,730/- be raised by the appellant before the Consumer Grievance Redressal Forum. The deposit of Rs. 27,47,7301-would be subject to the outcome of the decision of the Consumer Grievance Redressal Forum.
Having said so, we are of the opinion that the observations made by the leamed writ Court as to deliberate suppression of facts for not disclosing the communication dated 12. 12. 2024 of the Assistant Director of Mines and Geology were not warranted as there was no communication of the letter dated 13. 12. 2024 to the appellant by either the Assistant Director of Mines and Geology or the respondent company. The observation of the leamed writ Court in respect of deliberate suppression of fact by the appellant deserves to be removed. Therefore, in view of the nature of the order passed today, the observation of the leamed writ Court as regards the suppression of fact and the imposition of costs of Rs. 2,00,000/- are set aside. - HCJ {^Krs, Jl & GMM, J 6 W. A. No 466 of 2026 The Writ Appeal is disposed of in the aforesaid terms. There shatl be no order as to costs Miscellaneous applications, if any pending, shall stand closed. SD/. A. V. S.
PRASAD D PUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, State Southern Power 1 The Chairman and Managing Director' Telangana Limitei' Vidyut Soudha Somajiguda Hyderabad' OirtriOrtion Company Telangana State Southern Power 2 The Chief General Manager (Revenue) Compound' fimiiJ Corporate Office' TGSPDCL' Mint Distribution Company Hyderabad.. State Southern Power (Operation) Teiangana. J . The Divisional Engineer ICSpOCL, Toopran' Medak District ' Di. tribrtion Company Limitea, State Southern Power Engineer (Operation), Telangana 4. The Superintending Medak District' Li;ited TGSPDCL' Toopran' Oi. iriOrtion Company t MALSOOR' Advocate' [OPUCI . One CC to SRI AMARAGANI SC FOR TGSPDCL) [OPUC] 6. One CC to SRI N. SREEDHAR REDDY ( 7 Two CD CoPies BSK GJP q* HIGH COURT DATED: 2310412026 (_: . ) , lr : ,, u ri ,:. t: I -tr: JUDGMENT WA. No. 466 of 2026 DISPOSING OF THE WRIT APPEAL WITHOUT COSTS J rot s
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