High Court · 2025

S/o.late Sri Sy.No.'1007, P.S.N.Raju, aged about 62 years, Bhagyanagar Society, Kukaipally, AND .....PETITIONER '1. Telangana State Southern Power Distribution Company Limited, rep. by its Chairman and fVanaging Director, Vidyut Soudha, Soniajiguda, 'nyOera'UaO 2 Telangana_State Southern Power Distribution Company Limited, rep. by its Divisional Engineer (Operation) Kondapur, N/edchal_M;lkajgiri Oistltct.' 3. Telangana State Southern Power Distribution Company Limited, rep. by its Assistant Divisional Engineer (Operation) Kondapui, tvt'eOcnat-Vfalt<'a;giii District.

4. Telangana State Southern Power Distribution Company Limited, rep. by its Assistant Engineer (Operation) Allapur, tr/edcfraLM'alkdlgiri District.' 5. A.Ravinder, S/o.Sri A.Kishtaiah aged about 67 years, Occ.Agriculture, R/o.Plot No.49'l , tl floor, Vasanthnagar, Kukatpblly, R.R.Distiict. 6. D.Chandra Sekhar Reddy, S/o.Sri Raja Reddy aged about 60 years, Occ.Business, Rl/o.Plot No.56, Hanumannagdr Cblony, Manikdnda 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.2501124-25 dated.27.O1.2O25 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide sc.No.1 2oo1 12925 in respect of rand bearing prot No..1g8 of Bhagyanagar rjo-operative Housing Society, admeasuring 500 Sq. yards, under Sy.No.1007, situated at Kukatpally Village and Mandal, Me,Cchal_Malkajgiri District, is nothing but ilegar, arbitrary, unjust, u nconstitutiona I, totar non- application of mind, vioration of principres of naturar justice and arso contrary to the provisions of the Erectricity 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 servrce connection vide SC.No.1200 1 12925 l.A.NO.1 0 F 202s Petition Under section 151 cpc praying that in the circumsternces stated in the affidavit fired i, support of the petition, the High court may be. preased to direct the respondents not ro take any coercive steps of disconne,:tion of power supply of petitioner's service connection vide SC.No.1200.r 12925 in respect of land bearing plot No..l gg of Bhagyanagar Co-operalive Housing Society, admeasuring 500 Sq. yards, under Sy.No.1007, situated at Kukatpally Village and lvandal, Medchat-rVlarkajgiri District, by suspending the impugned order vide retter No AE/Op/A'apur/F re No.consumer retter/D.No.250 1/24-25 date>d.27.01 .2025 issued by the 4th res;pondent, pending disposal of the writ petition. Counsel for the petitioner : SRI MOHD MOIN AHMED QUADRI 9gii"_"11:r the Respondent Nos.1 ro 4 : SRt N.SREEDHAR REDDY ( SC FOR TGSPDCL) Counsel for the Respondent Nos.5 & 6 : _ The Court made the following ORDER I t, HON'BLE MRS, JUSTICE SUREPALLI NANDA WRIT PETITION No.3437 OF 2025 ORDER: Heard Sri Harendra Prasad, tearned 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.l 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. AE/OPIA|lapur/File No. Consumer letter/.D. No. 250L/24-25 dated 27.01.2025 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 12925 in respect of land bearing Plot No.198 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 nconstitutiona l, 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 disconnection of power supply of petitioner's service connection vide SC No. 12001 L2925 and to pass". PERU ED THE RE CORD 3 The imD o ned order vide I er No.AElOP/All AD File N Consumer letter / D. No. 250L124-25 dated 2 4th r n hereunder: "Vide reference cited above in Ref.1 the Hon'ble High Court of Telangana disposed the petition W. P. No. 1035,' 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 L2925 will be disconnected after completion of 7 daYs from the date of receipt of this notice without any further communication".

4. Upon consent of both the learned counsel on record in the present writ oetition. takinq into consideration : { 3 t (a) The fact that this Court had allowed the Review Petition vide I.A. No.3 of 2O25 in W.P. No. 10357 ol 2O23 vide order dated 18.O2.2O25 modifying para 9 of the order dated 22.08.2024 passed initially in W.P. No. 10357 of 2O23 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 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 25.10.2011 in the light of the specific instructaons issued by the Deputy Collector and Tahsildar, Balanagar dated 13.03.2012 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 datecl 25.10.2011 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. 1O357 ot 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 impugned in the present writ petition issued by the 4th respondent dated 27.OL.2O25 vide letter No.AElOP/Allapur/File.No. Consumer letter D'No' 25OLl24-25 (referred to and extracted above) are in compliance with the earlier directions of this Court dated 22.0,8.2024 passed in W.P' No. 10357 of 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 darections of this Court dated 22.08.2024 passed in W.P. No. 10357 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 1A.O2.2O25 passed in Review petition No.3 of 2O25 in W.P. No. 10357 ot 2O23 within the time period as stipulated in the said order dated 18.O2.ZOZS. However, there shall be no order as to costs. Miscellaneous petitions, if any pending, shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL ASSISTANT REGIS SECTION FICER 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 Southern Power Distribution Company Limited, Kondapur, I\iledchal-Malkajgiri District. 3. The Assistant DivisionaI Engineer (Operation), Telangana State Southern Power Distribution Company Limited, Kondapur, Medchal-Malkajgiri District.

4. The Assistant Engineer (Operation), Telangana State Southern Power Distribution Company Limited, Allapur, Medchal-lt/alkajgiri District 5. One CC to SRI IvIOHD IVOIN AHIUED OUADRI, Advocate IOPUC] 6. One CC to SRI N.SREEDHAR REDDY ( SC FOR TGSPDCL) Advocate loPUCl

7. Two CD Copies SA GJP / C.C. TODAY rE S14

14. ({o7 1s ill$ 2m /* l ) ) r.,t...',<' \*3 \ :i- :r Ct t' HIGH COURT DATED:1810212025 ORDER WP.No.3437 ot 2025 ALLOWING THE W.P WITHOUT COSTS. L? 1 2r