✦ High Court of India · 21 Mar 2025

The High Court · 2025

Case Details High Court of India · 21 Mar 2025
Court
High Court of India
Decided
21 Mar 2025
Bench
Not available
Length
1,851 words

5. A.Ravinder, S/o.Sri A.Kishtaiah aged about 67 years, Occ.Agriculture, FUo.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, R/o.Plot No.56, Hanumannagar Colony, Manlkonda Jagir, R.R.Diskict. ...RESPONDENTS Petition under Article 226 ot 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/Allapur/File No. Consumer letter/D.No.2497124'25 da\ed.27.01.2025 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC.No.'12001 10909 in respect of land bearing Plot No.29 of Bhagyanagar Co-operative Housing Society, admeasuring 500 Sq. yards, under Sy.No.1007, situated at Kukatpally Village and IrIandal, IVtedchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, unconstitutio na l, total non- application of mind, 'riolation of principles of natural justice and irlso 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 disconnection of power supply of petitioner's service connectioi vide SC.No.12001 109C9 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir r;upport 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.1200.l .1 0909 in respect of land bearing Plott No.29 of Bhagyanagar Co-operative Housing Society, admeasuring 500 Sq. yards, under Sy.No.'1007, situated at Kukatpally Village and Mandal, Medchal-Ma lkajgili District, by suspending the impugned order vide letter No.AE/OP/Allapur/F:ile No. Consumer tetter/D.No.2497t24-25 dated.27.O1 .2025 issued by the 4th resDondent, pending disposal of the writ petition, Counsel forthe Petitioner: SRI MOHD MOIN AHMED OUADRI counset ror Respondenrs No.1to4 ,SI'SR1=.=rr"Btt REDDY, Counsel for Respondents No.5&6 : The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.343O of 2o25 ORDER: Aggrieved by the action of the respondents, more particularly respondent No.4, in issuing the impugned proceedings vide Lr. No.Atr/ OP/A1lapur/ File. No. Consumerletter I D.N o.2497 / 24 -25 dated

27.01.2025, for disconnection of power supply to the petitioner, the present Writ Petition is h1ed.

2. Heard Sri Mohd. Moin Ahmed Quadri, learned counsel appearing for the petitioner, and Sri N. Sreedhar Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, appearing on behalf of respondent Nos.l to 4. With their consent, the writ petition is taken up disposal at admission stage.

3. Learned counsel for the petitioner submits that in identical circumstarrces,. this Court passed the order dated 1a.O2.2O25 in W.P.No.322O of 2025, setting aside the impugned proceedings therein, and therefore, prays this Court to pass a similar order in the present writ petition also.

4. The above made submission is not seriously disputed by the learned Standing Counsel appearing for the respondent Corporation. i I i j / 2 (r wPNo.s43oor;Ly \ 5 reSpective Flaving regard to the su bmissions Pilrties and for the ir, reasons w.P.No.322o of 2o2s, the writ rlt-rpugned

18.O2.2025 aside the Consumerletr.e made by .learned counsel for the rn tl.rt order dated Petition rs i rllowecl setting Lr.No.AE iOp /Aj apur/Fite.No resPondent r / D.N o. 2492 / 24 -25 No 4, and tt resPonden action in strict .66pljarrte ce of the ord passed in revie\v I.A.IVo. 3 of 2O2S in sl ipt l/a ted therein. timcframc dated 27 .O 1 .2025 isr ts are directed ro tak: ;;:.,":: er of this Court 661"., 18.O2.2025 W.p.No.lC)357 of 2O2.\ rvithin the Miscellaleorrs shall stand closco. N applications, if ,ry, p.rr, o costs. ling in thr's w it Petiuon, SD/-T. TIRUMALA DEVI qEP EGISTRAR ,{\ .! SECTION CFFICER UTY R To //TRUE coPYl

1. The Chai rman and Man aging Direc tor,Telanoana State So Uthern Power Distribution C,cmpany Limited., Vid yut Soud a Somajiguda, HyCerabad 2. The Divisional Engrneer (Operation Power Distributio n Com pany Limited., Medchal-MalkaJgiri Distri<.rt ) Kond apur, Telangana State So uthern 3. The Assistant DivisionaI Engineer (Operation) Konda Pur, Telangana State Southern Power Dis trib ution Company Limited Med chal-Malk ajrliri District. h

4. The Assis Distributio tant []n grneer (O n Com pany Limi peration ted., M ) Allapur,Tela edchat-Matka.ig ?9ana State District So(.rthern power

5. One CC to SRt MOHD MO|N AH MED QUADRI , Advocate. 6 One CC to SRt N SREEDHAR REDDY, SC FOR TGSPDCL 7. Two CD Copies IOPUCI IOPUC] ,.f8tt#lt:fr copv orthe ordel, BSK dated 18-02_2023 in W.p.No.1 031j7 of 2A23 BS Yt- I L4 M f,*,- ':.f) I 2 a .d' * HIGH COURT DATED:21 l03l20?s ORDER WP.No.3430 of 2025 i l i HE SIl, It- 1so( ( 13 15 rPF 2[6 t O5 sPA tct ALLOWING THE WRIT PETITION wlTr-louT cosTs I ."pt+ f"t" IN ORDER: HON'BLE MRS JUSTICE SUREPALLI NANDA VI WR T ET N In N N 1 o 2 Heard Sri Designated petitioners Harendra Prasad' learned Sentor Counsel aPpearlng on behatf of the review and Sri Vedula srinivas' learned Senior Counsel appearing on behalf of the writ Designated petitioners in W'P' No' 10357 ot 2023' 2. The present Review Petition is filed bY the review petitioners/ Petitioners in W'P' No'1O357 ol 2023 seeking review of the order dated 22'O8'2O24 passed in W'P' No' i:(i357 of 2C23 bY this court' It is the specific case of the - review petitioners that 3. resporident Nos'3 and 4 had not been heard whlte disposing of the writ petition No' 10357 ot 2023 vide order of this Court dated 22 '08 '2024 aadtherefore it is just and necessary that the respondent Nos'7 to 16 and 19 in w'P' No' 10357 of 2023 be provided with a reasonable opportunity to put forth. their case before this Court and hence seek review of the order of this ,/ 2 court dated 22-08.2024 passed in w.p. No. 10357 ,:f 2023_ The said w,rit perition W.p. No. rc357 of 2023 hadbeer disposed of on 22.08.2024 observing as under u, .9. of the r;aid order. *9. Taking into consideration the aforesaid facts and circum of the case anrl duty con-sidering "ro#:: made by the learneGl counser .oo*rrnr"ttions on behalf of the petitioners and sri R. ,rno' Reddn learned standing counser ror rcspo' cL appearing on behalf nf the respondent Nos.2, and 6' the writ petation is disposed or airec-l ApcpDcL, r(rk t-p-"t',;s .:",:;,.:;",T?Tj request of the petiti No'2 as put-forth bv'the petitioner in p"titilntr zs.ro.zort in ,n'n"t" of the specific instructions issued a: ,i'nnt ra hsi rda r, ".o;:;;' JJ: ,etter No.8,/6 65/2fil: 2 addressed to tfte Division Engineer, ApcpDcL within a period' of four (4) weeks ,r11**t'o' copydftheorder.roll tlrc date of receipt of s appropriate orders on the representation ofP petitioner No.2 dated 25.10.2011 and initiatrthe necessary action on the representation or *rl *, o,o,;;:;J; ;:.:,,:fl tfi;.r:y"::..r:". representation ::. :.#_:: " I i i' il-s .- -..-- I

4.LearnedSeniorDesignatedCounselappearingonbehalfof the review petitioners submits that no reasonable opportunity is provided to the respondent Nos.7 to 16 and 19 in w'P' No' 10357 of 2O23 and therefore their case could not be put forth before this Court and a direction had been given by ihis Court vide its order dated 22.08.2024 directing the Division Engineer' APCPDCL, Kukatpally to consider and pass appropriate orders on the representations of the writ petitioner No'2 in W'P' No' 10357 of 2023 dated 25.10.2011 and initiate necessary actiiln on the representation of the writ petitioner No'2 dated 25'10'2011'

5. Learned Senior Designated Counsel appearing orr behalf of the writ petitioners in w.P. No' 10357 of 2O23 fairly submits that the review petition could be allowed to the extent that the review petitioners may be provided an opportunity of personal hearing along with the writ petitioneG when appropriate action by the Division Engineer,' APCPDCL' Kukatpally in is taken considering the writ petitioner No'2 representation dated 25.tO.2071and initiating necessary action on the representation . of writ petitioner No.2 dated 25'10'2011'

6. Takino into consideration : (a) The facts and circumstances of the case' _l 7: // (b) The submissions made by learned Senior Designated Counse! appearing on behalf of the review petitioners in I.A. No.3 ot 2025 in W.P. No. 10357 of 2O23 and the learned Senior Designated--iounsel appearing on behalf of the writ petitioners in W,P. No. 10357 of 2024, (c) The relevant portion in para No.g of the judgment dated 22.O8-2024 in W.p. No. 10357 of 2O24 (referred to and extracted above), The Revaew petition r.A. No.3 0t 2025 in w.p. No. 1O357 of 2t,23 as allowed and para .9, of the order.dated 22.08.2c24 in W.P. No. 10357 ot 2f,24 is substituted by the present para. '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 R. Vinod Reddy, learned Standing Counsel for TGSPDCL. appearing on behalf-of the respondent Nos.2, 5 and 6, the wrat petition is disposed of directing the Division Engineer, APCPDCL, Kukatpally to duly consider the reguest of the petitioner No.2 as put-forth by the petitioner in petitioners' representation dated 25.1O.2O11 in the light of the specific instructions issued by the Y Deputy collector and Tahsaldar, Batanagar dated

13.03.2012 vide tetter No.Bl665l2012 addressed to the Division Engineer, APCPDCL, Kukatpally, within a peraod of four (4) weeks from the date of rece'pt of copy of the order and pass appropriate orders on the representation of the petitioner No.2 dated 25.10.2O11 in accordance to law, in conformity with principtes of natural justice by giving reasonable opportunity of hearing 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 petitaon No. 10357 of 2023 and initiate necessary action on the representation of the writ petitioner No.2 dated 25.10.2011. It is observed that it is open to the writ petitioners and atso to the present review petitioners i.e. respondent Nos.7 to 16 and 19 in the present W.P. No. 10357 of 2O23 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- Miscella!eous petitions, if any, pel_djngr-.-'El1!9{ rl*9d i l

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