P.Venkat Ram Reddy v. 1. Telangana State Southern Power Distribution Company Limited

5, A.Ravinder, S/o.Sri A.Kishtaiah aged about 6T years, Occ.Agriculture' Rr/o.Plot No.49'1, ll floor, Vasanthnagar, Kukatpally, R.R.District. 6. D.Chandra Sekhar Reddy, S/o.Sri Raja Reddy aged about 60 years, Occ.Business, R/o.Plot No.56, Hanumannagar Colony, Manikonda Jagir, R.R.District. .....RESPONDENTS 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 direct'ion more particularly one in the nature of writ of Mandamus declaring the impugned order vide letter No.AE/OP/Allapur/File No.Consumer letter/D.No.2499t24-25 daled.27l0112025 issued by the 4th respondent threatening with disconnection of .power supply of service connection _---.__r::_._: of the petitioner vide sc No.'l 2oo1 05448 in respect of rand bearing prot No.68 0f Bhagyanagar Co-operative Housing Society, admeasuring 527 Sq. yards, under Sy.No.1007, situated at Dstrict, s noth ns r,,,:::,t':'i;,,lft:",::i }l:1i,,ff::i,,#-::I application of mind, violation of principles of natural the provisions of the Etectricity Act, 2003, and ';:":T:t;:";T:::j; consequenfly direct the respondents not to take any coercive steps of disconnection of power supply of petitioner,s r,s.r.r(.,rer s serytce connection vide SC.No._12001 0544g. __rr., l.A.NO :1 oF 202s 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 preased to direct the respondents not to take any coercive steps of disconnection bf power suppry of petitioner's service connection vide SC.No.12001 0544g in respect of Iand bearing plot No 6g of Bhagyanagar Co_operative Housing Society, admeasurrng 527 Sq yartls, under sy.No.1007, situated at Kukatpalry Virage & Mandal' Medchai-Malkalgrri District, by suspending the impugned order vide letter No'AE/Op/Alrapur/Fire No consumer retter/D.No.24g 9/24-25 dated.27.o1.2025 issued by the 4th respondent, pending disposal of the writ petition. Counsel for the petitioner : SRI MOHD MOIN AHMED QUADRI i3!Btl;'the Respondent Nos.1 to 4 : SRr N.sREEDHAR REDDv ( sc FoR Counsel for the Respondent Nos.S & 6 : _ The Court made the following ORDER HON'BLE MRS. SUREPALLI NANDA 'USTICE WRIT PETITION No.3244 OF 2025 ORD ER: Heard Sri Harendra Prasad, learned Senior Designated Counsel representing Sri Mohd. Moin Ahmed Quadri, appearing on behalf of the petitioner and Sri N. Sreedhar Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos.1 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 impugned order vide Letter No. AElOPlAllapur/File No. Consumer letter.D.No. 2499/24-25 dated 27.01.2025 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 05448 in respect of land bearing Plot No.68 of Bhagyanagar Co-operative Housing Society, admeasuring 527 sq. Yards under Sy.No. 1007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, u nconstitutio na l, total non-application of mind, violation of principles of natural justice and also contrary to the provisions of the Electricity Act, I 2 2003, and set aside the same, and consequently direct the respondents not to take any coercive steps of disconnection of power supply of petitioner's service connection vide SC No. 12001 05448 and to pass"' PERU ED THE RE CORD 3 File No. Consumer Th e tm DI.roned order vide Ietter No.AElOPlAlla letter.D. No. 2499 124-25 dated L.202 b 4th n here nd er: "Vide reference cited above in Ref. 1 the Hon'ble F,ligh Court of Telangana disposed the petition W. P. No. 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 05448 will be disonnected after completion of 7 days from the date of receipt of this notice without any further communication". 4 n n n in the oresent writ oetition, takinq into consideration : 3 (a) The fact that this Court had allowed the Review Petition vide I.A' No'3 of 2025 in W'P' No' 10357 ot 2023 vide order dated 18'O2'2O25 modifying para 9 of the orderdatedz2.oa,2o24passedinitiallyinw.P.No.lo35T of 2C,23 observing as under: *9, Taking into consideration the aforesaid facts and circumstances of the case and duly considering 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 's disposed of directing the Division Engineer' APCPDCL, Kukatpally to duly consider the request of the petitioner No'2 as put-forth by the petitioner in petitioners' representation dated 25.10.2O11 in the light of the specific instructions issued by the Deputy Collector and Tahsildar' Balanagar dated 13'O3'2O12 vide letter No.Bl665l2Ot2 addressed to the Division Engineer, APCPDCL, Kukatpalty' 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 petitioner No'2 dated 25.10.2011 and also initiate necessary action on the said representation of the petitioner No'2 1 4 dated 25.10.2011 in accordance to law, in conformity with principles of natural justice by giving reasonable opportunity to both the writ petitioner No.2 and also to review petitioners i.e. respondent Nos.7 to 16 and 19 in the present writ petition No. 10357 of 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 legally 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 writ petition issued by the 4th respondent dated 27.OL.2(J25 vide letter No.AElOPl Allapur/File. No. Consumer Ietter D.No. 2499/24-25 (referred to and extracted above) are in compliance with the earlier directions of this Court dated 22.Oa.2O24 passed in W.P. No. 1O357 ol 2023. 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.O8.2O24 passed in W.P. No. 1O357 of 2O23 is 5 set aside and the respondents are directed to comply w'th the specific directions of this Court as indicated in its order dated L8.O2.2O25 passed in Review Petition No'3 of 2O25 in W.P. No. 10357 ot 2023 within the time period as stipulated in the said order dated 18'02'2025' However' there shall be no order as to costs' Miscellaneous petitions, if any pending' shall stand closed' sD/-MOHD. ls ASSISTANT RE GIS IL R //TRUE COPY// SECTION OFFICER To

1. The Chairman and Managing Director' Tefl-Sa11j]ate Southem Power Distribution company r-irriiiez, vioyut Soudha, somajiguda,. Hyderabad' 2. The Divisional Engineer iOp"*tionl' Telangana State Southern Power Distribution Companv Li;'t;;'i;il'pur' Medctral-Malkaigiri District' 3. The Assistant Divisional t"gi.""; top"tation), Telanoana State Southern power Distribution con1p!ni r-iri,iiI""o"pur,Jvled"chal-Malkaigiri District 4. The Assistant Engineer iO-plrationl' Telangana State Southern Power Distribution Company r-i.-ti"J, nf f rprr, MeJchal-Malkaigiri District 5. one cc to sRl ri,roHo rioir'iniH'r'Eo ounont'Advocate IOPUCI 6 one cc to SRI r.r snrrbilnn neobY ( SC FoR TGSPDCL) Advocate 7. Two CD CoPies loPUCl SA GJP \P t I C.C. TODAY os 1t,E ST,<i7"€ e f, o lL) \< 19 ilAn zffi r.: c=' { i',,' a- .// HIGH COURT DATED:1 810212025 ORDER WP.No.3244 ot 2025 ALLOWING THE W.P WITHOUT COSTS. L1 7br