l\/.Venkat Ramana Reddy v. 1. Telangana State Southern Power Distribution Company Limited

5. A.Ravinder, S/o.Sri A.Kishtaiah aged about 67 years, Occ.Agriculture, Rl/o.Plot No.491, ll floor, Vasanthnagar, Kukatpally, R.R.District. 6. D.Chandra Sekhar Reddy, S/o.Sri Raja Reddy aged about 60 years, Occ-Business, Fl/o.Plot No.56, Hanumannagar Colony, [Vanikonda Jagir, R.R.District. .....RESPONDENTS Petition Under Article 226 o'f 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 direction more particularly one in the nature of Writ of Mandamus declaring the impugned order vide letter No.AE/OP/AIlapur/File No.Consumer letter/D.No.2505124-25 daied.27.01.2025 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC:.No.12001 0823 in respect of land bearing Plot No.185 of Bhagyanagar Co-operative Housing Society, admeasuring 500 Sq, yards, under Sy.No.1007, situated at Kukatpally Village and t\/andal, tvledcha l-t\ilalkajg iri District, is nothing but illegal, arbitrary, unj'ust, unconstitutional, total non- application of mind, violation of principles of natural justice and also contrary to the provisions of the Electricity Act, 2003, and set aside the same, and consequently direct the respondents not to take any coercive steps of disconhection of power supply of petitioner's service connection vide SC.No.1200'l 0823. l.A.NO:1 OF 2025 Petition Under Sectron 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 not to take any coercive steps of disconnection of power supply of petitioner's service connection vide SC.No.12001 0823 in respect of land bearing Plot No.'lB5 of Bhagyanagar Co-operative Housing Society, admeasuring 500 Sq yards, under Sy.No.1007, situated at Kukatpally Village and I\,ilandal, Medchal-lVlalkajgiri District, by suspending the impugned order vide letter No.AE/OP/AIlapur/File No.Consumer letter/D.No.2505124-25 dated.27.01 .2025 issued by the 4th respondent, pending disposal of the writ petition. Counsel for the Petitioner : SRI MOHD MOIN AHMED QUADRI Counsel for the Respondent Nos.1 to 4 : SRI N.SREEDHAR REDDY ( SC FOR TGSPDCL) Counsel for the Respondent Nos.5 & 6 :. - The Court made the following ORDER l I -t HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITIO N No.3262 OF 2025 ORDER: 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. AEIOPlAllapur/File No. Consumer letter.D.No. 2505/24-25 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 0823 in respect of land bearing Plot No.185 of Bhagyanagar Co-operative Housing Society, admeasuring 500 sq. Yards under Sy.No. 1007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, u nconstitution a l, total non-application of mind, violation of principles of natural justice and also contrary to the provisions of the Electricity Act. 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 0823 and to pass,,. PERU ED THE RE CORD

3. The i ouqned order vide letter No.AElOPl Allaour/ le No. m f r.D. N 2 d

27.O1 .2O25 issu d bv the 4th resoon ent is extr hereunder: "Vide reference cited above in Ref.1 the Hon,ble High 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. B1665/2072 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 10823 will be disconnected after completion of 7 days from the date of receipt of this notice without any further communication",

4. Uoo n consen t of both the lear ed counsel on record tn the Dresen wrrt Detition. ta inq into consider tion: J (a) The fact that this Court had allowed the Review Petition vide I.A. No.3 of 2025 in W'P' No' 10357 of 2023 vide order dated 18.02.2025 modifying para 9 of the order dated 22.OA.2O24 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 considering submissions made by the learned counsel appearing on behatf 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 petitioner No.2 as put-forth by the petitioner in petitioners' representation dated 25.1rO.20.11 in the light of the specif'c instructions issued by the Deputy Collector and Tahsildar' Balanagar dated 13.O3'2O12 vide letter No.Bl665l2OL2 addressed to the Division 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 petitioner No'2 dated 25.1O.2O11 and also initiate necessary action on the said representation of the petitioner No'2 4 dated 25.[O.ZO[L 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. 1O357 of 2O23.

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 sha!! 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()25 vide letter No.AE,/OPl Allapur/File.No. Consumer letter D.No. 2505/24-25 (referred to and extracted above) are in compliance with the earlier directions of this Court dated 22.04.2024 passed in W.P. No. 10357 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 22.08.2024 passed in w.P. No. 1O357 of 2O23 is : 5 set aside and the respondents are directed to comply with the specific directions of this Court as indicated in its order dated 18.02.2025 passed in Review Petation No.3 of 2025 in W.P. No. 10357 of 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 sha/l stand closed. Pending,, //TRUE COPY// sD/-MoHD. lS/nrr- ASSISTANT RETRAR SECTION OFFICER I To

1. The Chairman and Managing Director, Telangana State Southern Power Distribution Company Limited, Vidyut Soudha, Somajiguda, Hyderabad' 2. The Divisional Engineer (Operation), Telangana State Southem Power Distribution Company Limited, Kondapur, Medchal-Malkajgiri District' 3. The Assistant Divisional Engineer (Operation), Telangana State Southern power Distribution company Limited, Kondapur, Medchal-Malkaigiri District

4. The Assistant Engineer (Operation), Telangana State Southern Power Diskibution Company Limited, Allapur, Medchal-Malkajgiri District' 5. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate IOPUCI 6. One CC to SRI N.SREEDHAR REDDY ( SC' FOR TGSPDCL), Advocate loPUCl

7. Two CD CoPies SA GJPv , C.C. TODAY HIGH COURT DATE D : 1 810212025 ORDER WP.No.3262 of 2025 rHE STA 19 lqAH zffi o( i-:) (t ) o o o t ALLOWING THE W.P WITHOUT COSTS. nl) 12/