✦ High Court of India · 18 Feb 2025

High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,351 words

Assistint Engineer (Operation) Allapui, Medchal-Malkajgiri District. 5. A.Ravinder, $/o.Sri A.Kiqhtaiah, aged about 67 years, Occ.Agricqlturo, R/o.Plot No.!Q1, l1 flbor, Vasanthnagai, Kukatpally, R.R.District, 6. D.Chandra $ekhar Reddv, S/o.Sri Raja Reddy, aged about 60 years, Occ.Businesp, R/o,Plot No.56, Hanurirannagar Colony. Manikonda Jagir' R.R.District. .....RESPONDENTS Fetition Under A(icle 226 of the Constitution of lndia praying that in the circumstances stated in the Sffidavit filed therewith, the High Qourt may be pleased to i$Sue q yrit, grder or direction more particularly one in the nature of Writ of Mandamus leclaring the impugned order vide letter No.AE/OF/Allapur/File No.-Consumgr: lettgr/D.No.2504124-25 dated.27.Q1 .2Q25 issued hy the 4th gespondent threatening with disconnection of power supply of service connectign of the petitioner virle SC No.12001 12993 in respect of land bear ng Plot No. l86 of Bhagyanagar Co-operative Housing Society, admeasuring {i27 Sq. yards, under Sy.No '1007, situated at Kukatpally Village and Mandal. IVle'Jchal-Malkajgiri District, is nothrng but illegal, arbitrary, unjust, unconstitutio n a l, total non- application of mincl, violation of principles af natural justice and alsQ contrary tq the provisions of the Electr.icity Act, ?9Q3, and set aside the sarpe, and consequently direcr the regponden-t$ lg! to lake any ooerqive qleps of disconnection of power supply af eglltigneqls tqt'vice ccrnnectign yige SC.No.'12001 12993. t. A.NO:1 OF 2025 Petition Under Section 151 CPC praying thAt in the circumstanpes stated in the affidavit filed in support of the petition, the l'ligh Court may be pleased to direct the respondr:nts not to take any coerQive slgps of disconnr:ction gt Power supply of petitioner's service connection viQq SC,No 12001 12993 in respect of land bearing Plot No.186 of Bhagyanagar Co-operative Housing Society, admeasuring 527 Sq. ya1ds, under $y,No"l0Q7, situate-d at KukatpallyVillage and. Mandal, Medchal-tt4alkajgiri Digtrict. by suspending the impugn-ed qrder vi{e lettgl No AE/OP/Allapurlliile Ne.ConsumeF lettqr/Q N9,2501.?4-25 da19Q,27.01 2Q2fi issued by the 4th n:spondent, pending disppgal of tfie ry1il petition. Counsel for the Petitioner : SRI MOHD MOIN AHMED QUADRI Counsel forthe Respondent Nos.1 tq 4: SB! N.SREEDHAR REDDY, Sc FOR TSSPDCL Counsel for the Respondent Nos.! & 6 : i$f .!.BHAVANI SANKAR The Court made the followinq ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA w PETITIONNo .3467 0F 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'1to 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' AE/OP/Allapur/File No' Consumer letter/.D.No. 2504/24-25 daled 27'07'2025 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 12993 in respect of land bearing Plot No.186 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 lllegal' arbitrary, unjust, u nconstitutiona 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 consequentl / direct the respondents not to take any coercive s,:eps of disco'lr'rection of power supply of petitioner's service connecrtion vide SC No. 12001 12993 and to pas:;". PERUSED THE RECORD 3 The imouoned order vide letter No.AEl OPl Allaour/ File No. Consumer letter.D. No. 2504124-25 dated is extracted

27.OL.2O25 issued bv the 4th respondent hereunder: "Vide reference cited above in Ref.1 the Hon'ble High Court of Telangana disposed the petition W P. No. 1035'7 of 2023 with direction to considr:r the instructions issued by the Deputy Collector and Tahsi dhar, Balanagar, dated 13.03.2012 vide letter No. B / 66!; / 20 12 addressed to Divisiona I Eng i neer. In ohedience to the Hon'ble High Court Orders, it is to inform that your power supply vide service connection No. 120O1 L2993 will be disconnected after completion of 7 days from the dilte of receipt of this notice without any further communication".

4. Uoon nsent of b h the !earned counse lon record in the resent writ tition. takin q into consid eration : il. /t' 3 (a) The fact that this Court had allowed the Review Petition vide I.A. No.3 of 2025 in W'P' No' aO357 ot 2023 vide order dated 18.O2.2025 modifying para 9 of the order dated 22-Cl8-2024 passed initially in W'P' No' 1O357 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 Couniel for TGSPDCL appearing on behalf of the respondent Nos.2, 5 and 6, the writ petition is disposed of directing the Division Engineer' APCPDCL, Kukatpatly to duly consider the request of the petitioner No'2 as put-forth by the petitioner in petitioners' rbpresentation dated 25.1O.2O11 in the light of the specific instructions and Tahsildar, issued bY the DePutY Collector vide letter Balanagar dated 13'O3'2012 the Division No.B/665/2OL2 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 petitioner No'2 dated 25.1O.2O11 and also initiate necessary action on the said representation of the petit'oner No'2 4 dated 25.1O.2O11 in accordance to law, in conformity with principtes of natural justice by giving reasonable opportunity to both Ulre writ petitioner No.2 and atso 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 revrew petitioners to put that are legally permissibte by them before the Division Engineer, APCPDCL, Kukatpally. However, there shall be no order as to costs,,. also to the all the pleas The fact as borne on record that the proceedings impugned in the present writ petition issued by the 4th respondent dated 27.Ot.2O25 vide letter No.AE,/Opl Allapur/File. No. Consumer letter D.No. 2SO4/24_25 (referred to and extracted above) is in compliance with the earfier directions of this Court dated 22.Oa.2O24 passed in W.p. No. 10357 of 2023. The writ petition is allowed. The present impugned order dated 27.OL.2OZS which had been issued by the 4th respondent in compliance with the directions of this Court dated 22.08.2024 passed in W.p. No. 10357 of 2O23 is I / / 5 set aside and the respondents are directed to comply with the specific directions of this Court as indicated in its order dated LA.O2'2O25 passed in Review Petition No'3 of 2O25 in W'P. No. 10357 ot 2023 within thei time period as stipulated in the said order dated L8'O2'2O25' However' there shall be no order as to costs' MiscellaneouspetitionsJifanypending,,shallstandclosed. -: "'* g,ti'ltrf[t'"T$'[tR / //TRUE COPY// SECTI ON OFFICER The Chairman and Managtng Director' Telangana State Southern Power Distribution company Lirn'tti liliv'1 bo'ohi somajiguda' State of . Turo 0D CoPieP \CY *1: To 1 2 3 4 5 0 1I SA BS 1 I 4 C.C. TODAY a: sl4 t-(' o o 20}14fl26 * -.__-)j , ','', HIGH COUR.T DATED:18t02t2025 J .,1 ORDER WP.No.3467 of 2025 ALLOWING THE W.P WITHOUT COSTS. .ofN 1o ! I I i I I i i l i J I I

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments