The High Court · 2025
Case Details
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Apsistbnt Engineer (gperation) Allapur, Medqhal-MalKajgiil Disliqt. 6. A.Ravinder, S/o.Sri A.Kishtaiah aged abgut 67 years, Ocq.Agriculture, - R/o Plqt No.491. ll floor. Vasanthnagar, Kukatpally, R.R Districj. 6. D,Chandra Sekhar Reddy, S/o.Sri Rala Reddy aged about 6-0 years, Occ.Business, Rio.Plot No.56, Hanumannagar Colony. Manikonda Jagir, R,R.District ...BESPONDENTS Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High QOurt may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Manddmus dectaring the impugned order vide letter No.AE/QP/Allapur/File No.Consumer letter/D.No.2508124-25 daled.27.01 -2025 issued by the 4th respondent threatening with disconnection of power supply of servicp connection of the petitioner vide SC,No.'1 2OO1 05467 in respect of land bearing Plot No "l 15 of phagyanagar Co-operative Housing Society, admeasuring 444 Sq, yards, unOer 5y ruo.i007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothlng but illegal, arbitrary, unjust, unconstitutiona l, total non- justice and also contrary to application of mind, violation of principles tfJ prorition. of the Electriciiy nct, 2003, and set aside the same' and conslquentty direct the respondents not .to take any coercive .steps . disconnection of power supply of petitioners service connection vide SC.No.1200 1 05467. -o-f^natural AN O:1OF 2025 'not Petitian under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support qf the petition, the High Court may be pleased to to iake anv coercive steps of disconnection af pqwgr: ;i;; i;; ,;";ondents :l;;;i'r";;;;i[;;;;"'.",ri"" "onneqtion vide SC'No 12001 054q7 in rqepect bt LTj''uuai*'- proi r.r".r15 of Bhagyanagar co-operative Hqysing-.. $ociety' Sq, yards. under SyiNo 10b7. situated at Kukatp4lly Village qnd t,rl.J"if"iSnar-lyir[a;giri District, by suspending the impugned order vide letter "i,i"r."ri"o"+a+ iii"J-nilbpl+iiipurtrite o.consumqr' letteriD No ?508t.?4-2.?. dated'z7 '91 20?1 iEsged Sy the 4ifr respondpnt, pending disposal of the writ petit'on' Csunsgf for the Petitioner: SR! MQHD MolN AHMED QUADRI counsel for the ResPondent No.1 ," .' BFDDY, 3:,S:IE.BHAR Counsql for the Rqgpondent No.5 & 5: SR! BHAVANI SANKAR The Cqurt made the following: ORDER n HON'BLE MRS. JUSTICE SUREPALLI NANDA E ITIO 220 0F ORDER: Heard Sri Harendra Prasad, learned Senior Designated Counsel representing Sri Mohd. Moan Ahmed Quadri, appearing on behalf of the petitioner and Sri N. Sreedhar Reddy, learned Standing Counse! for TSSPDCL, appearing on behalf of respondent Nos.1 to 4. 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 impugned order vide Letter No. AelOPlAllapur/File No. Consumer letter.D.Dno. 2508/24-25 dated 27.O1.2025 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 05467 in respect of land bearing Plot No.115 of Bhagyanagar Co-operative Housing Society, admeasuring 444 sq. Yards under Sy.No. 1007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, u nconstitutiona l, total non-application of mind, violation of principles oF natural iustice and also contrary to the provisions of the Electricity Act, 2003, and set aside the same. and consequently direct 2 the respondents not to take any coercive steps of disconnection of power supply of petitioner's service connection vide SC No. 12001 05467 and to pass". PERUSED TH ER ECORD impuqned
2. The No.AElOPlAllaour,/File No. Consumer letter.D. No. 25Ogt24-25 dated 27.OL.2O25 issued bv the 4th letter respondent is extracted hereunder: "Vide reference cited above in Ref.1 the Hon'ble High Court of Telangana disposed the petition W.p. ito. 10357 of 2023 with direction to consider the instructions issued by the Deputy Collector and Tahsildhar, Balanagar, dated 13.03.2012 vide letter No. B/665/2012 addressed to Divisional Engineer. In obedience to the Hon'ble High Court Orders, it is to inform that your power supply vide service connection No. 12OO1 ()5467 will be disonnected afiter completion of 7 days from the date of receipt of this notice without any further communication".
3. Uoon consent of both the Iearned counsel on record in the oresent writ oetition takino into consideration : (a) The fact that this Court had allowed the Review Petataon vide I.A. No.3 of 2O25 in W.P. No. 10357 ol 2O2Z .ry vade order dated 18.O2'2O25 modifying para 9 of the order dated 22.08.2024 passed initially in W'P' No' 10357 ol 2023 observing as under: '9. Taking into consideration the aforesaid facts and circumstances of the case and duly considerang submissions made by the learned counsel appearing on behalf of the petitioners and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing on behalf of the respondent Nos.2, 5 and 6, the writ petition is. disposed of directing the Division Engineer' APCPDCL, Kukatpally to duly consider the request of the petationer No.2 as put-forth petitioner in petitioners' representation dated 25.10.2011 in the light of the specific 'nstructions and Tahsildar, issued bY the DePutY Collector vide letter Balanagar dated 13.03'2012 the Division No.Bl665t2OL2 addressed to Engineer, APCPDCL, Kukatpally, within a period of four (4) weeks from the date of receipt of copy of the order and pass appropriate orders on the representation of the pet'tioner No'2 dated 25.1O.2O11 and atso inatiate necessary action on the said representation of the petitioner No'2 dated 25.1O.2O11 in accordance to law' in conformity with principles of natural justice by giving reasonable opportunity to both the writ 2V l, 4 petitioner No.2 and also to review petataoners i.e, Nos.7 to 16 and 19 in the present writ petition No. 1O357 ot 2023.
10. It is further observed that it is open to the writ petitioners and also to the review petitioners to put forth all the pleas that are Iegally permissible by them before the Division Engineer, APCPDCL, Kukatpally. However, there shall be no order as to costs". The fact as borne on record that the proceedings impugned in the present wrat petition issued by the 4th respondent dated 27.OL.2O25 iae No.AElOPlAllapur/file.No. Consumer letter D.No. 250A/24-25 (referred to and extracted above) is in letter compliance to the earlier directions of this Court dated
22.OA.2O24 passed in W.P. No. 10357 ot 2O23. The writ petition is allowed. The present impugned order dated 27.OL.2O25 which had been issued by the 4th respondent in compliance to the directions of this Court dated 22.O8.2024 passed in W.P. No. 1O357 of 2O23 are set aside and respondents are directed to comply with the specific directions of this Court as indicated in its order ,Y7 5 dated 18.02'2025 passed in Review Petition No'3 of 2O25 in W.P. No' 1O357 of 2023 within the time period as stipulated in the said order datad 18'02 '2025' However' there shall be no order as to costs' Miscellaneous Petitions, if any pending' shall stand closed' sD,-A.v.s. PRASAD TREGISTRAR ASSI ,TTRUE COPY// ECTION OFFICER To,
1. 2_ J 4 5 6 7I ffiffiffi BN BS I 1 l HIGH COURT DATED:1 810212025 ORDER WP.No.3220 of 2025 CC TODAY q l 1\'rts STA ra ) 11 uhH 2[25 rt , O.qSir,/.-ii. \' ,<:c * i:--;'l 5 ALLOWING THE WRIT PETITION WITHOUT COSTS \r 2