High Court · 2025
Case Details
Telangana State Soulhern Power Distribution Company Limited, rep. by its Assistant Engineer (Operation) Allapur, Medchal-M;lkajgiri District.' A.Ravinder, S/o.Sri A.Kishtaiah aged about 67 years, Occ.Agriculture, R!io.Plot No.491 , ll floor, Vasanthnagar, Kukatpllly, R.R.Disdrct. D.Chandra Sekhar Reddy, S/o.Sri Raja Reddy aged about 60 years, Oc_c. Business, Rl/o. Plot No. 56, Hanumannagdr C-olony, lvtanikdnda 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 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.2498124-25 daled.2Z.O1 .2O25 issued by the 4th respondent threatening with disconnection of power supply of service connection //'of the petitioner vide sc.No.120o1 11927 in respect of rand bearing part of prot No.14 (Northern side) of Bhagyanagar Co_operative Housing Society, admeasuring 250 sq yards, under sy.No. 1p07, situated at Kukatpary virage and Mandar' Medchar-Markajgiri District, is nothing but iregar, arbitrary, unjust, unconstitutiona r, totar non-apprication of mind, vioration of principres of nalurar justice and also contrary to the provisions of the Erectricity Acl 2003, and set aside the same' and consequently direct the respondents not to take any coercive steps of disconnection of power suppry of petitioners service connection vide SC.No.'12001 1192:7. l.A.NO:1 oF 2025 Petition Undr:r Section 15i CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents not to take any coercive ste ps of disconnection of power suppry of petitioner's service connection vide sc.No.12001 11g27 in respect of land bearing part of prot No'14 (Northern side) of Bhagyanagar co-operative Housing Society, admeasuring 250 Sq. yards, under Sv.No.10O7, situated at Kukatpally Village and IVandal, Medchal-l\zlalkajgiri District, by sr-rspending the impugned order vide lefter No.AE/Op/Allapur/File No.Consumer retter/D No 24g g/24-25 dated.27 .01.2025 issued by the 4th responrient, pending disposal of the writ petition. Counsel for the petitioner : SRt MOHD MOIN AHMED QUADRI f3[ffill;"te Respondent Nos.1 to 4: SRr N.sREEDHAR REDDy ( sc FoR Counsel for the Respondent Nos.s & 6 : _ The Court made the following ORDER HON'BLE MRS. JUSTICE SUBEPALLI NANDA WRIT PETITION No.3428 OF 2O2S 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. AEIOP/Allapur/File No. Consumer letter./D.No. 2498/24-25 dated 27.01.2025 issued by the 4rh respondent. threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 11927 in respect of land bearing Plot No.14 (northern side) of Bhagyanagar Co-operative Housing Society, admeasuring 250 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 justice and also contrary to the provisions of the 2 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 connection vide SC No. 12001 7192;7 and to pass". PERUSED T E RECORD 3 The imouoned order vide No.AE OP I Allaour I File No. Con sumer letter.D. No. 249A 124-25 dated 27.O1.2025 issued bv the 4th resoondent is extracted hereu nder: "Vide reference cited above in Ref.1 the Hon'ble High Court of Telangana dlsposed the petition W.p. No. 10357 of 2023 with direction to consider the instrur:tions issued by the Deputy Collector and Tahsildhar, Balanagar, dated 13.03.2012 vide letter No. B/665,12012 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 L1927 will be disconnected after completion of 7 days from the date of receipt of this notice without any further communication".
4. Uoon ln th DTesent nsent of both the learne counsel on record writ oetitio n. takino into consideration : I r ,/ J (a) The fact that this Court had allowed the Review Petition vide I.A. No.3 of 2O25 in W.p. No. 10357 ot 2023 vide order dated 18.02.2O25 modifying para 9 of the order dated 22.OA.2O24 passed initiaily in W.p. No. 10357 of 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 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 petation 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 25.10.2O11 in the light of the specific instructions issued by the Deputy Collectirr and Tahsildar, Balanagar dated L3.O3.2O12 vide letter No.B/665/2OL2 addressed to the Division Engineer, APCPDCL, Kukatpally, within a period of four (4) weeks from the date of receapt 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 actaon on the said representation of the petitioner No,2 4 datecl 25.1O.2O11 in acc9rdance to law, in conformity with principles of natural iustice 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 ot 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 shall be no order as to costs". The fact as borne on record that the proceedings impugnecl in the present writ petition issued by the 4th respondent dated 27-o1.2025 vide letter No.AEloPl Allapur/File. No. Consumer letter D.No. 249A/24-25 (referred to and extracted above) are in compliance with the earlier directions of this Court dated 22.08.2024 passed in W.P. No. 1O357 ot 2023. The writ petition is allowed. The present impugned order dated 27.O1.2O25 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. 10357 of 2O23 is !'' a // 5 setasideandtherespondentsaredirectedtocomplywith the specific directions of this Court as indicated in its order dated t8.O2.2O25 passed in Review Petition No'3 of 2025 ln W.P. No. LO357 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 a1v OendilO, ;hall stand closed' To //TRUE COPY// SD/.MOHD. I MAIL ASSISTANT REG TRAR SECTIO OFFICER I
1. The Chairman and Managing Director, Telangana State Southern Power Distribution Company Li;tel, Vidyut Soudha' Somajiguda' Hyderabad' 2. The Divisional Engineer (Operation), Telangana State Southern Power - OistriOutron Compiny Limited, Kondapur, tr'4edchal-tvlalkajgiri District' e. ih; Assistant Divisional Engineer (Operation)' Telangana State Southern Power Distribution Compan! Limited, Kondapur' Ir/edchal-Malkajgiri District' +. ih" nttittrnt Engineer iop;ration), Telangana 9lai9 Oisiribution Comfany Limiied, Allapur, Medchal-Malkajgiri District 5. o;; cC to snr vorio vtott't AHI\ ED ouADRl, Advocate [oPUC] 6 o;; cc to sRr N SREEDHAR REDDY ( sc FoR TGSPDCL) Advocate Southern Power loPUCl
7. Two CD CoPies SA GJP \,fl HIGH COURT DATED:1810212025 C.C. TODAY ORDER WP.No.3428 of 2025 Tz1 €/- l}.,. \- \'x 1g qlq 2ffi r!. 1' I :. n ( q o L) 1; 9 ALLOWING THE W.P WITHOUT COSTS. p I @ \a \ 2/