✦ 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
1,406 words

B.Swetha, W/o.Sri B.Suman Kumar, aged about 51 years, Occ_ Software Employee, Ryo.Plot No.144, Sy.No.'1007, Bhagyanagar Society, Kukatpaily, Hyderabad. - .....PETITIONER AND 'I . Telangana State Southern Power Dislribution Company Limited, rep. by its Chairman and ltrlanaging Director, Vidyut Soudha, Somajiguda, Hyderabad. 2. Telangana State Southern Power Distribution Company Limited, rep. by its Divisional Englneer (Operation) Kondapur, Medchal-t\,4alkajgiri District_ 3. Telangana State Southern Power Distribution Company Limited, rep. by its Assistant Divisional Engineer (Operation) Kondapur, Medchal-Malkajgiii District. -

4. Telangana State Southern Power Distribution Company Limited, rep. by its Assistant Engineer (Operation) Allapur, It/edchal-Malkajgiri District. 5. A.Ravinder, S/o.Sri A.Kishtaiah aged about 67 years, Occ.Agriculture, Rlio.Plot No.49't, ll floor, Vasanthnagar, Kukatpalty, 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 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.2503124-25 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.'l2oo'r 05055 in respect of land bearing prot No.144 of Bhagyanagar Co-operative Housing Society, admeasuring 445 Sq. yards, under Sy.No.1007, situated at Kukatpally Vi[age and Mandal, Ivtedchal_Malkajgiri District, is notring but illegal, arbitrary, unjust, u n constitutiona l, total non_ application of mrnd, vioration of principres of naturar justice and arso contrary to the provisions rrf the Erectricity Act, 2003, and set aside the same, and consequenfly direct the respondents not to take any coercive steps of disconnection cf power supply of petitioners service oonnection vide SC.No.1200t 05055. l.A.NO:1 OF 2025 petition uncer section 151 cpc praying that in the circumstances stated in the affidavit frred in support of the petition, the High court may be preased to direct the responclents not to take any coercive steps of 0,...r;.;;; ;;;";*", suppry of petitionr-'rs service connection vide sc.No.12001 05055 in respect of land bearing plct No. j44 of Bhagyanagar Co_operative Hcusing Society, admeasuring 445 riq yards, under Sy,No.1007. situated at Kukatpary Virage and [\'4andal, lvledcha l-l/a lkajg iri District by suspending the impugned order vide retter No AE/OpiA'apurlFire No.consumer retter D.No.25 o3r24-25 dared.27.o1 .2025 issued by the 4th rc.spondent pending disposal of the writ petition. Counsel for the petitioner : SRt MOHD MOIN AHMED eUADRI i33818'the Respondent Nos.1 to 4 : sRr N.sREEDHAR REDDv ( sc FoR Counsel for the Respondent Nos.5 & 6 : _ The Court made the following ORDER t, . I I /,/ HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o 3442 0F 2025 ORDER: Heard Sri Harendra Prasad, learned Senior Designated Counsel representang 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. 2503/24-25 dated 27.0L.2025 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 05055 in respect of land bearing Plot No.144 of Bhagyanagar Co-operative Housing Society, admeasuring 445 sq. Yards under Sy.No. 1007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, u ncon stitutiona 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 s;ervice connection vide SC No. 12001 05055 and to pass". PERUSED T HE RECORD 3 The imouoned order vide letter No.AE OP / Allaour/ File No. Consumer letter.D. No. 25 03124-25 dated 27.OL.2025 issued bv the 4th resoonden t is extracted 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. 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 O5O55 will be disconnected after completion of 7 days from the date of receapt of this notice without any further communication".

4. Uoon co sent of both the learned counselon record in the resent writ etition. taki q into consid eration : J (a) The fact that this Court had allowed the Review Petation vide I.A. No.3 of 2O25 in W.P' No' LO357 of 2023 vide order dated 18.O2.2O25 modifying para 9 of the order dated 22.OA.2O24 passed initially in W'P' No' 1O357 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 behalf of the petitioners and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing on behalf of the respondent Nos'2, 5 and 5, 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 25.1O.2O11 in the light of the specific instructions issued by the Deputy Collector and Tahsildar' Balanagar dated 13.03'2012 vide letter No.Bt665lzOtZ addressed to the Division Engineer, APCPDCL, Kukatpally, within a period 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 25.10.2011 and atso initiate necessary action on the said representation of the petitioner No'2 4 dated 25.1O.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 impugnecl in the present writ petition issued by the 4th respondent dated 27.OL.ZO?S vide tetter No.AElOpl Allapur/File. No. Consumer letter D.No. ZSO}t24-25 (referred to and extracted above) are in compliance with the earlier directions of this Court dated 22.Og.2O24 passed in W.P. No. tO3S7 of 2O23. The writ petation is ailowed. 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.O8.2O24 passed in W.p. No. 1O3S7 of 2O23 is I 5 set aside and the respondents are.directed to comply wath the specific directions of this Court as indicated in its order dated 18.02.2O2S passed in Review petition No.3 of 2O25 in W.P. No. 10357 of 2023 within the time period as stipulated in the said order dated 19.02.2025. However, there shall be no order as to costs, Miscellaneous ee,tit]ons, if any pending, shall stand closed. 1+ //TRUE COPY// sD/-MoHD. tsM ASSISTANT REGIS L AR SECTIO OFFICER I I

1. The Chairman and Managing Director, Telangana State Southem Power Distribution Company Limited, Vidyut Soudha, Somajiguda, State of Telangana at HYderabad.

2. The D'ivisional Engineer (Operation), Telangana State Southern Power Distribution Compiny Limited, Kondapur, Medchal-Malkajgiri District' 3. The Assistant Divisional Engineer (Operation), Telangana State Southern Power Distribution company Limited, Kondapur, Medchal-Malkajgiri District

4. The Assistant Engineer (Operation), Telangana State Southern Power DistributionCompanyLimited,Allapur,tvledchal-tr/alkajgiriDistrict' 5. one cc to sRl MOFiD I/OIN AHIUED OUADRI, Advocate [oPUC] 6. One CC to SRI N.SREEDHAR REDDY ( SC FOR TGSPDCL)' Advocate To loPUCl

7. Two CD CoPies SA CJP I C.C. TODAY r{€ STAr€ 1 19 q[q ilm :l ( 't c t) '.rr/ r):.. t, '.-: HIGH COURT DATED:1 810212025 ORDER WP.No.3442 of 2025 ALLOWING THE W.P WITHOUT COSTS. , ,d 9 L1

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