High Court · 2025
Case Details
Acts & Sections
Telangana-state southern power Distrrbution company Limited, reo. bv its Assistant Engineer (Operarion) Ailapur, trreOchat-Mltkaisni Dii[ri"t]" "' "" A..Ravinder, S/o_Sri A.Kishtaiah. aged about 67 years, Occ.Agriculture, R/o.Plot No.491, lt ftoor, Vasanthiagar, Kukatpittv. ii.n.otstrict. D.Chandra Sekhar Reddy, S/.o.Sri Raja Reddy aged about 60 years, Oc!.Business, Rl/o.ptot Nio 56, nanurii"";g; 41;"y, tvtantt<cinoaiagir, R.R.District. .....RESPONDENTS Petition under Articre 226 or the constitution of rndia 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 particurarry one in the nature of writ of lvlandamus declaring the impugned order vide letter No.AE/op/AllapuriFile No.consumer letter/D.No.25 r 3r24-2s dated.0z to1 t2o2 5 issued by the 4th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC.No.12001 11981 in respect of land bearing Plot No.164 of Bhagyanagar Cc-operative Housing Society, admeasuring 250 (out of 500 Sq. yards) Sq. yards, under Sy.No.'1007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, u nconstitutiona I, 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 1'198'l . I.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the c;ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents nol to take any coercive steps of disconne(;tion of power supply of petitioner's service connection vide SC.No.12001 1 1981 in respect of land bearing Plot No.164 of Bhagyanagar Co-operative Housing Society, admeasuring 250 (out of 500 Sq. yards) Sq. yards, under Sy.No.1O07, situated at Kukatpally Village & Ivlandal, Ir/edchal-Malkajgiri District, by suspending the impugned order vide letter No.AE/OP/Allapur/File No.Consumer letter/D.No .2513124-25 dated.07l0112025 issued by the 4th respondent pending disposal of the writ petition. for the Petitioner : SRI MOHD MOIN AHMED eUADRI .Counsel Counsel for the Respondent Nos.1 to 4 : SRI N.SREEDHAR REDDY ( SC FOR TGSPDCL) Counsel for the Respondent Nos.S & 6 : - The Court made the following ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o.3706 0F 2f)25 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. 2513/24-25 dated 07.01.2025 issued by the 4rh respondent threatening with disconnection of power supply of bervice connection of the petitioner vide SC No' 12001 11981 in respect of land bearing Plot No.164 of Bhagyanagar Co-operative Housing Society, admeasuring 250 sq. Yards (out of 5OO 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 2 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 11981 and to pass". PE RUSED THE RE CORD
3. The File No. Consumer ouoned ord r vide letter No.AElOPl Allaour/ letter/D. No. 25L3/24-25 dated 07.o1.202s issued bv the 4th res ondent is extracted hereunder: "With reference 4 to the cited above, it is to inform you that tl'ere was a complaint letter received frorn Sri D.Chandra Sekhar Reddy regarding unauthorized power connections for temporary and illegal sheds constructed by the third parties in allapur section of kondapur Sub- Division of Kondapur Division in Cyber City Circle. Also lvith reference 1to the above, the Honourble High Court has directed to disconnect the power supply connections for the plot no.164 at Sy.no.1007. In view of the above it is directed to implement the orders given by the Hon'ble High Court vide Wp no.l03!i7/2023 your electricity service (12001 11981) is going to be disconnected within one week of the receipt of this notice. This is for favour of information please.,, .---+Li>- J c U 4 in the Drese nt writ oetition . takino into conside ration : e hth lea rn couns lon f (a) The fact that this Court had allowed the Review Petition vide I.A. No-3 of 2O25 in W'P' No' LO357 oJ 2023 vide order dated 18.O2.2O25 modifying para 9 of the order dated 22.Oa-2O24 passed initially in W'P' No' 10357 ot 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, tearned 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 25.1O.2O11 in the light of the specific instructions issued by the Deputy Collector and Tahsildar' Balanagar dated 13.03'2012 vide letter No.B/66512C12 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 _/-a /t J-"-' i-r 4 representation of the, petitaoner No.2 dated 25.1O,2O11 and also initiate necessary action on the said representation of the petitioner No,2 dated 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 O7.OL.2O25 vide letter No.AElOPlAIlapur/File.No. Consumer letter D.No. 25L3/24-.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 2O23. 5 The wrat petition is allowed. The present impugned order dated 07.OL.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' 10357 of 2o23 is set aside and the respondents are directed to comply with the specific directions of this Court as indicated in its order dated L8.O2.2O25 passed in Review Petition No'3 of 2O25 in W.P. No. 10357 of 2O23 within the time period as stipulated in the said order dated 18'O2'2025' However' there shall be no order as.to costs' Miscellaneous petitions, if any pending,/shall stand closed' //TRUE COPY// SD/.MOHD. ISMAIL R ASSISTANT REGIST SECTION FICER To
1. The Chairman and Managing Director, Telangana State Southern Power Distribution Company Limited, Vidyut Soudha, Somajiguda, State of Telangana at Hyderabad.
2. The Divisional Engineer (Operation), Telangana State Southern Power Distribution Company Limited, Kondapur, Medchal-litlalkajgiri 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 Distribution Company Limited, Allapur, IVledchal-Malkajgiri District. 5. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate [OPUC] 6. One CC to SRI N.SREEDHAR REDDY (SC FOR TGSPDCL) Advocate loPUCl
7. Two CD Copies SA GJP 4p HIGH COURT DATED:1810212025 ORDER C.C. TODAY 1 E S147. (:r ( 19U[flzffi ': !) WP.No.3706 of 2025 L, \'-' ALLOWING THE W.P WITHOUT COSTS. n olad