The High Court · 2025

THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.3767 of 2O25 This Writ Petition is ltled seeking the following relief "... dectaring the action of the Respondents more par[icularly Rcspondent No.4 in rejecting the application of the petitioncr dated 27.12.2024 for release of new clectricity connection under lndustrial Categorl vide l,etter bearing Lr. No. ADE/OP/BLNR SD XVI/ D.No.lOssl2024-25, dated 24.01 2025 as illegal, arbitrary, unjust, and contrary to Article 14, 19 and 2l A of the Constitution o[ India and may be pleased to set aside the rejection letter dated 24 Ol'2O25 in the interest ofjustice'" 2\ Heard Sri R. Vinod Reddy, learned counsel for the petitioner, learned Government Pleader for Energr for respondent No.1, Sri N. Sreedhar Reddy, learned Standing Counsel, appearing for respondent Nos.2 to 4, ar,d learned Government Plcader for Industries & Commerce for respondent No'5' 3) Learned counsel for the petitioner has contended that of Andhra Pradesh has es[ablished a erstwhile Government Cooperative Industrial trstate Limited, Balanagar, in the land admeasuring Acs.47-00 guntas and the said land was allotted to the Cooperative Industrial Estate Unit Holder Association. Ever since the allotment, the members of the said Association are in possession and are carrying on the industrial/ manufacturing activitres. FurLher, some of the original allottees have leased out ,{ ,...**-. 1 PK, J ,r ) 3767 2025 ; different pr r':i , : s of the land to some individuals q l-ic are alscr carrf ing o:r itr I Lstrial activities. Likewise, petitic,rLer I ir s taken on lease a por it r o[ industrial area admeasurinEl ,!O,t sq. mtrs. allotted ro ,)rii \,4r. D. Sudershan and the service conne:tion was beirrg utiliz:1 petitioner l- i.s I y. all the persons in common. ln t h : : ,aid land, .t name of . stablished a small scale industrv ir M/s.Umark { r.rlrreis and the said industry is registered under Micro, Sm.r.l : accordinglv rc rl Medium Enterprises (MSME) on O! . 0.2013 and i joner has been manufacturing vario rs products such zrs lrrlrl, ' '.re , kitchenware, furniture as pe r tl rc' d :mand in the mar k,: Learned counsel has further stzr c:l thal the Cooperative lr :' ustrial Estate has been establishec in the year 196 1 ancl s:: ' then industries are functioning rr t re entire indu s trizr I arr r Irurther, the original allottees and tt e te rants zrre repeaLeclll -r'r; 3sting the government to regulzrrize lll land to enable th,: lt a : holders to utilize the regular larLd lr r .r'rdustrial purpose l>r. :r ' ting industrial sheds, etc. F urthe,-, r,i le Memo dated 28. t). . l ( !), the Government of Telangan:r, Irrrrr-rs [ries and Comrnerc:t: l) 11 I :tment, directed Lo maintain stclus rTrr o i n respect of the su.b jr c r rrd, It is further contended that the G IMC has served C)r:cu p ir Notice dated \7.O9.2O2O issued under Se:tion 276 of the HM C jr . 1955, on the petitioner to pay rh(. ,rLr,.standing terxes in -,: s o..r . of the subject premises i.e. H.No.r5-!r tO/NR. plot 4 -3 PK, J wo 3767 2025 No.A-9, ClE-Batanagar, Medchal-Malkajgiri District, and in compliance thereof, petitioner has paid Rs.10,600/- towards its share in municipal taxes and thereafter, petitioner has submitted a representation dated 30.09.2022 to respondent No.S to regularize the land which is in ils possession. Vide Ietter dared 26.1O.2022, petitioner was informed to pay an amount of Rs.1,81 ,55,2aO/- for conversion of the said land and submit proof thereof. Further, as the amounts demanded are disproporlionate to the incomes generated by small scale industries, Association hled W.P. No.28 1 1 of 2023 and tenants have hled W.P. Nos.27094 and 26096 ol 2023 and negotiaLions of lease holders/ sub lease holders with Government are in progress. Learned counsel has further submitted that in pursuance to the demand noticc dated

26.10.2022 and to show bonahdes, petitioner paid Rs.1,00,000/- on 30.12.2022 and Rs.5,00,0O0/- on 04.O4.2023. Learned counsel has submitted Lhat as the petitioncr has no electricity at present to the subject prcmiscs, it is unable to undertake manufacturing activities. As such, petitioner submitted an online application on

27.12.2024 along with Indemnity Bond for releasing the new service connection. However, vide letter dated 24 .OI.2025, respondent No.4 has rejected the application of the petitioner for not uploading the ownership documents and that the subject premises is a disputed land and three writ petitions are pending. ,) l i I r.tg,t -4- PK, J ,.\ . :\767 2025 31) Leirrne,i {iled by CJlr

29.O8.2C2) i categorrzin!..1 ancl (b) c,t h t:t s runsel has contended that in W.P l\o 281 1 of 2023 'hasc-l Association questioning lhe 14 e no datecl 'ing the rate of conversion inlo 're'lhold by I units into two segments i.e. (a) ,lriqina allottees his Hon'ble Court vide order dated Olr' -'5 2023 has set aside th€r \ , mo dated 29.O8.2022 and directerl thc rer';pondents to reconsirle' that resll,ttrCt rr: issue. Learned counsel has lurlhe r r:ontended No.5 had recognized and confirmed th: lossession of the pr:r,tt r tl ' as a lcaseholcler and issued denrlrn,l no Lice clated

26.1O.',21)'.2 ) . lhereforc, the petitioner being the or:crttpier of the subject I)r( lr' Section '13 tr contended th Conditiorr s : I occupier ol l ,.s is entitled for service conne<;tiotr in terms ol the lndian Electricity Act, 2003. It s further . as per clause 5.1 of the Gencrztl T:rms and iiupply on an application by the o't n,:r or the premises localed in its area of suppl ;. he Power Companl sit I give supply electricity to strch :lrt mises in accordanr:c 'i i r Section 43 of the Indian trlectric.l\r F,ct, i1003. The petitiont:t- 1rr ir r t hc occupier of the premises is t:n ti1 lt d 'br service connecti()n l ' I the right of the petitioner thr:relirr fr.lls under Article 2 - ol t r ' Constitution of India. Therefore, th e :e ;pondents are not jL sti irrl in rejecting the request of lhe pet tioner for providing e L -' rr:ity service connection on the grour d tl'at certain -5 PK, J wp 37 67 . 2025 writ petitions are pending, is i1legal, arbitrary and violative of Articles 14 and 2l of the Constitution of India and consequently it is prayed to set aside the impugned rejection order dated

24.OI.2O25. Reliance has been placed on Abhimangu Mazumd.ar u. Superintending Engineerti Manishi Maltg u. West Bengal Stote Electricitg Distribution Compang Ltd,2' Chameli Singh u. State of U.P.s; Sanjag Dubeg u. State oJ Madhga Pradesha; Krishena Kumar u. Union of Indias; and Haryana WakJ Board u. Sto.te of Haryana6. 4) Per contra, the learned Standing Counsel has contended that the petitioner herein, which claims to be registered under MSME and taken a portion of the land in the Cooperative Industrial trstate Limited, Balanagar, and running an Industry since 2013, had filed ar-r application on 27.12.2024 for grant of electricity service connection under Industrial Category and the same was rejecLed by the respondenl Compar-ry vide impugned rejection order dated

24.01 .2025 on the ground that petitioner did not upload the ownership documents, that the subject premises are located in disputed land and that three writ petitions are pending. Learned Standing Counsel has contended that as per clause 5.2.2 of t 20 I 1 SCC OnLine Cal 362- 2 2012 SCC OnLine Cal 4802 3 (1996) 2 SCC 549 4 (2023) \7 SCC ta7 s (1990) 4 scc 207 6 (2019) s SCC 382 :i ..:, at{ 6 PK, .J I p 3767 2025 General '['c'rn (1nd Conditions of Supply, to clairn el rr lrrci[r power connection, it s mandatory to submit the ou,ne rshil) ( Locuments and in r:rse r occupant of the premises, an lncenrrLitl from the owner ol t l roperty undertaking to indemnif.., thc re spondents the cons unrl rt n charges of the tenant has to be furr rjsh,:d. In the instant <:as: i rhe petitioner did not possess a ,,ali<l r:a se deed in its lavor,rr, :annot claim electricity service cottr.r rclion, as a matter of nglr Further, as held by the Hon'ble Suprcm,: Court in K.C. Ninnatt Kerala State Electricity BoardT, rtrrty to supply electricitr rr rr r Scction 43 of the Indian Elcc trir:rt., ,r.ct is not absolute a r rl is subject to such charges and r:o lpliances stipulatec[ 1:1 e Distribution Licensees as part ,rl' the application. In lhe pr-rls l r 1 rzrse, as the petitioner had not cornplird the terms and cond it c n of supply, power supply canno be 1iv:n to the petitioner, iu; matter of right, and therefore tht-' re slr,rrdenls are justified in rj :ting the application of the petitioner 'lL erefrtre, it is preryeci to r1i niss the Writ Petition. 5) This C o ' '1 has taken note of the subn..issi tls made by respectrve cr.i ;el ancl perused the record 6) As <;:r 'r l secn from the record, the petitionc,r Iri -m, which is registererl l.rr : . r MSME, has taken a portion of tl-re tn Custry in ' zo23 1t+1 I;rtc e., l ; t i_, : i-: .!i.' -7 PK, J wp-3767 2025 Bala Nagar and running an industry since 2O13. It made an application on 27.12.2024 for grant of electricity power connection under Industrial Category and the same was rejected vide impugned order dated 24.07.2025 on the ground that petitioner did not upload the ownership documents, the subject premises are located in disputed land, and certain writ petitions are pending. 7) Before going into the merits of the matter, this Court deems it apt to refcr relevant portion of General Terms and Conditions for Supply.

5. 1 Company's Duty to Supply The Company shall, on an application by the owner or occupier of any Premises, located in his area of supply, give supply of electricity to such Premises in accordance with Scction 43 of the Act and the APERC *Licensees' duty for supply of electricity on request) Regulation, 2004 (No.3 ot 2OO4) as well as the ApERC (Licensees, Standards of Performance) Regulation, 2OO4 (No.7 of 2OO4). The applicant must however ensure compliance with thc procedure specified iN thE GTCS.

5.2.3 An applicant who is not the owner of the premises he occupies and intcnding to avail of supply shall submit an Indemnity Bond drawn by the owner of the premises in favour of the company whereby the power of the premises undertakes to indemnify the company for any loss caused to the company by the applicant (who is the tenant/occupant of the Premises) arising out of the release of service to the tenant/occupant. Otherwise he shall be required to pay three times the normal security deposit apart from providing proof of his being in lawful occupation of the premises." 8) From the above, it is clear that the Rule mandates either owner or occupier of the premises to make an application seeking : -8 PK, J tl, 3767 _2025 electricitl' c:r As the pctit ic 'rection, subject to payment of char.ges and security. t:r herein is claiming to be an oc lltp e -, n terms of clause 5,.2.l, t rs required to pay three times nor-:n rl security deposit rqt r -t of lhe prr:rn premises t'\ the rer: tr I r -rrm providing proof of its belng in lav'f,t I rc.cupation i .rs. Thus, the Rule requifes ()(.c1, I lrrjon of the r,: applicant. In the case on hand, as rvident from 'nore particularly, the Occuprcr lk;tice dated

17.O9.2r)2O ]t the offir:e r l' petitione - s . Lred under Section 276 of rhle H.M.C. ,\ct, 1955, by 'he Deputy Commissioner, GHMC, tvloo;zrpet, the occupation of the subject prem iscs . iL rll-rer, the petitioner lr, ts :Llready submitted the Indemnity Ilotrc a s requirecl under c:larM,: petitionr:r on uploaderl is r :;.2.3. Therefore, rejection of zLpplic:iti.rn of the the ground that ownership docurr erltr, are nol - sustainable under the law. 9) In thir; ,rckdrop, this Court apt to state rh. t in Cho.meli Singh's ca:;e lreferred s-upra), the Hon,ble Supr:rne Corrrt in para 8 held as Lnder: ln ar \' ( ar't"a,raal b when lre ir i restrir:rio r r , achieve this implies tlr( r care a ncl s tt societ,- Al. ' lanised sociery, right to live as a huroiu b tin 1 is not ' leting only the animal needs of man. lt is s,r,:u -ed only s,,ured of all facilities to develop himself ancl is lrt er1 from Lich inhibit his gror.vth. All human righ,s ar- Jr:s igned to , lIect. Right to live guaralteed in an.., civilizec socicty .:11 -to food, water, decent environment, eltrcati,tn, mctlical I:r, These are basic human rights knou.n to arry civrlized r vil, political, social and cultural rights cnslrrre,I in the -9- PK, J wp 3767 2O2s Universal Declaration of Human Rights and Convention or under the Constitution o[ India cannot be exercised without these basic human rights. Shelter for a human being, therefore, is not a mere protection of his life and limb. It is home where he has opportunities to grow physically, mentally, intelrectuauy and spiritually. Right to shelter, therefore, includes adequate living space, safe and decent structure, clean and decent surroundings, sufhcient light, pure air and water, electricity, sanitation and other civic amenities like roads etc. so as to have easy access to his da y avocation. The right to sherter, therefore, does not mean a mere right to a roof over one,s head but right to all the infrastructure necessary to enable them to live and develop as a human being. Right to shelter when used as arl essential requisite to the right to live should be deemed to have been guarantecd as a lundamental right. As is enjoined in the Directive principles, the State should be deemed to be under an obligation to secure it for its citizens, of course subject to its economic budgeting. In a rlemocratic society as a member of the organised civic community one should have permanent shelter so as to physically, mentally and intellectually equip oneself to rmprove his excellence as a useful citizen as enjoined in the Fundamental Duties and to be a useful citizen and equal participant in democracy. Thc ultimate object of making a man equipped with a right to dignity of person and equality of status is to enable him to develop himself into a cultured being. Want of decent residence, therefore, frustrates the very object of the constitutional animation of right to equality, economic justice, fundamental right to residence, dignity of person and right to live itsell To bring the Dalits and.l.ribes into the mainstream of national life, providing these fac ities and opportunities to them is the duty of the State as fundamental to their basic human and constitutional rights., 1O) Similarly, ln Abhimangu Muzumdar's case (referred supra), the Hon'ble Supreme Court, at para 16, has held as under: "The judgment in the case ofAbhumanyu (supra) which permitted the occupiers to enjoy the electricity was in fact a fulfillment of the derived fundamentar right under Artrcre 21 of the constitution of India. The scope of ivhich in yery recent time through judicial pronouncernents I I tx, ,tt a'!!lt .l -10- PK, J \\o 3767 2025 har',r: br c, has lal er put a s lil the eler:t - r comes { 11 citizen ri,J under ,\r li enjov rl c r: rnensely widened. The positive change ill tlrc re rLn of law rlce over a long period of time and today th,r :)or rrt cannot approval on the objections raised by ar ur.rr.'iiiin,ltather to 'onnection to be provided to his son. lf rigirl of residence r rhe ambit of Article 2 1 of the Constitl tion o' tr dia and a nght to reside and settle in any portion tI [D 11 I a.; provided : 19 (1) (e) of the Constitution, he has eqr a iv r right to lerty in a most meaningful manner." 11) ln r i :r of the above seltled principle o[ lar.r and lor the reasonsi na n ted at preceding para No.8, above, r he impugned rejectioo or Jt i dated 24.O1.2025 is liable to be sel tL;iie 12), Ac< r,r<l tlly, the Writ Petition is allowed ar)d 1he impugnecl rejectior-r .r.l 2024-2:;, (1.. ( 24.O1.2025, is set aside. ,,.ide letter No.ADE/OP/ BLNR-SI) XV /I).No. t05S/ Miscell reous petitions pending, il any, shnl _rL: nd closed No costs To,

1. The Princ pa Telanganit. 2. The Superinl Distributio n I a. ,n" P;vis,irrr Distribution 1 4. The Assist ar Power Distr it 5. The Prin c p Departre r I 6. The Vice cl lnfrastruct J 13 7. One CC tc, il ,TRUE COPY' SD/- P,,PADVII NABHA REDDY DEI)U'ry REGISTRAR ^ \ rI riE:TtoN oFFtcER ( , iecretary, Energy Department, S&retariar. ly ierabad, State of rIding Engineer, Operations, Telangan,a Sitate Southern Power . rnpany limited, Secunderabad Circle, Sec rrrde rabad. , Engineer, Operations, Telangana Stat: Southern Power r rnpany limited, Bowenpally Division, Secunrlertbad Circle. : Divisional Engineer, Operations, Telanr;a na State Southern r1. on Company limited, Balanagar Sub- Divis on, Hyderabad Secretary, lndustries and Commerr;e t,P and I\/SIVE ('rlretariat Hyderabad, State of Telangana. ;rlrman and Managing Director, Telangana State lndustrial Corporation limited, Hyderabad. : R.VINOD REDDY, Advocate [OPUC: a$rt :xffi*&,i&K

8. One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL IOPUCI 9. Two CCs to GP FOR ENERGY, High Court for the State of Telangana at Hyderabad [OUT] '10.Two CCs to GP FOR INDUSTRIES & COIVI/ERCE, High Court for the State of Telangana at Hyderabad [OUT] i i 1 1 . Two CD Copies BSR GJP I I i { , HIGH COL'R I- DATED:0910;,t2025 CC TODAY ORDER WP.No.3767 of 2025 0 I HE S rAr e. .4 ,/_'t L -'. l'i)' I 12 Jl]i,l 2U5 (\( z c) t \ r-O * :Cr // l'l {i,: \:, \ ALLOWINGi I"HE WRIT PETITION, WITHOUT C,)STS t: N I (