✦ High Court of India · 31 Jan 2025

High Court · 2025

Case Details High Court of India · 31 Jan 2025
Court
High Court of India
Decided
31 Jan 2025
Bench
Not available
Length
1,236 words

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri$diction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE *I PRESENT THE HONOURABLE MRS JUSTICE SUREPALtIIiIANDA WRIT PETITION NO: 2081 OF 2025 Between: Mr- Syed Hamed, S/o: Rl/o H No IB-B-253/B/9, Hyderabad Syed Meera, Aged Jamal Colony, 38 years, Qcc: Business, Kanchanbagh, Bandlaguda, 4 ...FETITIONER AND 1 2 The State of Telangana. Represented by it_$ Principal Secretary, Energy Department, Secretariat, Hyderabad. Southern Power Distribution Company of Telangana Limited, Rep. by its V.C.and I\,4. D, Hyderabad

3. The Division Engrneer (Operations) Southern Power Distribution Company of Telangana Limrted, Saroornagar, R R District, Hyderabad.

4. The Assistant Engineer, Southern Power Digtribution Company of Telangana Limited, Auto Nagar, Ranga Reddy District

5. [Vrs. It4ohammadi Begum, W/o: Late lvlohalnmed Habeeb Ali, Aged 49 years, Occ Household, R/o H.No.18-7-358/38, Aman Nagar B, Talab Katta, Bholy Shah Nagar, Hyderabad

6. Ms.Zahera Fatrma_Jeelani, D/o: Late Mohammed Habeeb Ali, Aged 21 years, .Occ Household, R/o H.No.'18-7-358/38, Aman Nagar Br;T..alab Katta, Bholy Shah Nagar, Hyderabad

7. Ms.Ayesha Fatima Jeelani, S/o: Late lvlohammed Habeeb Ali, Aged 21 yea.s, Occ Household, R/o H. No.18-7-358/38, Aman Nagar B, Talab Katta, Bholy Shah Nagar, Hyderabad Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direclion more particularly one in the nature of Writ of Nrlandamus declaring the action of RespOndents no. 2 to 4 in disconnection ...RESPONOENTS t,. '"rponoents of electricity srlpp )/ tr) l\/eter No' No 572602143 at the premises beraring Municipal No.3-8.439, admeirs;uring 569 sq yards in Survey Nos 60' 63 anc (i4' situated at Mansoorabad Villa ge. Saroornagar lvlandal' R R District Jnr l(rr LB Nagar No 2 to 4 as uniust illegal :rnd ']rr)itrarv and also ;;[,;;nl against the principl()s of natural justice and in violation of funrlamental rights guaranteed ulder Article 14, 19 and 21 of the lndian corslitutior and thereby directing the flescc rrdent No 2 and 4 to restore the electrrcity sttptr;ltr to Meter No' No.572602143 at t1? premises bearing trrlunicipal No 3-8-4311' a<:nreasuring 569 sq. yards in Survey No's. 60, 63 and 64' situated at l/ansor)rabad Village' Saroornagar Man<l r , R R District under LB Nagar lvlunicipalily IANO:1O F 2025 Petitiorrunri-''sectionl5lCPCprayingthatinthecircu'11s''ancesstatedin the affidavit filed in l;upport of the petition' the High Court may be 1llr.'ased to direct the Respondent {o.2 and 4 to restore the electricity suppll' to Meter No' No.572602143 at tre premises bearing tvlunicipal No 3-8-439 arjrneasuring 569 sq. yards.. in Stlrvery No's. 60' 63 and 64' situated at lvlans(rorabad Village' SaroornagarMancal,RRDistrictunderLBNagarlrrlunrcipalitvpelldingdisposalof the writ Petiti,)n. Gounsel for the P:titioner: M/S' DEEPAK MISRA Counsel for the llespondent No'1: GP FOR ENERGY Counsel for the llespondent Nos'2 to 4: SRI N SREEDHAR REI)C)Y' SC Counsel for the lRespondent Nos'5 to 7:---- The Court made lhe following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT P TITION No.2O8 L ol 2025 ORDER: Heard Sri Deepak Misra, tearned counsel appearing on behalf of the petitioner, learned Government Pleader for Energy, appearing on behalf of respondent No.l and Sri N. Sreedhar Reddy, learned Standing Counsel appearing on behalf of the respondent Nos.2 to 4.

2. The petitioner approached the Court seeking prayer as under:- "...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents Nos.2 to 4 in disconnection of electricity supply to lv'leter No.572602143 at the premises bearing Municipal No.3-B-439, admeasuring 569 sq. yards in Survey Nos.60, 63 and 64 situated at Mansoorabad Village, Saroornagar Mandal, R. R. District, under LB Nagar Municipality by the Respondents Nos'2 to 4 as unjust, illegal and arbitrary and also against the principles of natural justice and in violation of fundamental rights guaranteed under Article 14, 19 and 21 of the Indian constitution and thereby directing the Respondent Nos.2 and 4 to restore the electricity supply to Meter No.572602143 at the premises bearing Municipal No.3-8-439, admeasuring 569 sq.yards in Survey Nos.60, 63 and 64 situated at Mansoorabad Village, Saroornagar Mandal, R.R. District, under LB Nagar Municipality and pass such order or orders as this Hon'ble Court deems fit in the interest of justice." 2

3. Briel' 'acts of the case are that the petitior€r is the agreement lr,rlder with possession dated 21.03.20,13 and general power cf at'nrney with sale rights of respondent Nos.l: to 7 vr?e registe'ed cccument No.L993/2024 dated 15.05.20,23 irr respect of property learing No.3-8-439, admeasuring li69 s1 yards in Survey Nos.50, 63 and 64 situated at Manscorabad Village, Saroornagar Mandal, R.R. District, under L.B. Naqar M.trticipality. The registe[ed power of attorney was executed on 21.03.2023 and the petitioner paid the entire sale consideration t.y clearing the mortgag€r loan on the property with Bank of India tc the tune of Rs.1,76,[(l ,OOO/-. Thereafter, on the day thc. exe(]utic,n of sale deed, injur ction order was communicated to the petitioner through wlatsapp confirming the involvement :f re;pondent Nos.S :o 7 i1 a third party agreement of sale and r rrilaterally cancelled tre general power of attorney !n fa r'o.rr of the petitioner. '-he respondent Nos.5 to 7 iave acrroached respondent Nto.3 and gave a letter for disconnection of electricity connection tc, the subject premises. The respond€rnt Ncr.-] without any notice r) the petitioner, disconnected the power s;upply to the petitionr:r''s premises. Aggrieved by the sa me, the I)etitioner filed the present writ petition. .,- _l 3

4. It is represented by both the learned couns€l appearing on behalf of the petitioner and learned Standing Counsel appearing on behalf of the respondent Nos.2 to 4, that in pursuance to the filing of writ petition, notice had been ordered on 27.01.2025, and the electricity supply to the meter No.572602143 at the premises bearing Municipal No.3-8-439, admeasuring 569 sq. yards in Survey Nos.60, 63 and 64 situated at Mansoorabad Village, Saroornagar Mandal, R. R. District, under LB Nagar Municipality had been restored, however the learned counsel for the petitioner,further submits that the respondents may be directed to follow due process of law in the event the respondents proceed in future to disconnect petitioner's subject power supply.

5. Bringing the said submissions of all the learned counse! on record, the writ petition is disposed off directing the respondents to follow due process of law. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// A SD/- K. AMMAJI ANT REGISTRAR ECTION OFFICER To, -a'-w T

4. 5 6 7 8 , The State of The Principal Secretary, Energy Department, Secreta T6langana, Hyderabad. Southern Power Distributron Company of Telangana Limited, Rep. by its V.C.and M.D, Hyderabad. The Division Engineer (Opeations) Southern Power Distribution Company of Telhngana Limited, Saroornagar, R R District, Hyderabad. Thb Assistant Engineer, Southern Power Distribution Company of Telangana Limited, Auto Nagar. Ranga Reddy District One CC to Sri Deepak lvtsra, Advocate IOPUCI Two CCs to GP for Energy, High Cou( for the State of Telangana, at Hyderabad [OUT] One CC to Sri N. Sreedhar Reddy. SC [OPUCI Two CD_Copies HIGH COUF:T DATED:31 llt1l2O25 i. ORDER WP.No.2OBat of 2025 ..-:--='-= -- ! r,c {ir^; \rot f ll 3 litrl 2125 ,\ 6( z o t 6:ipA I'c\ r€ I DISPOSING OF THE WRIT PETITION WITHOUT I(:OSTS \

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