S. Rama Devi v. 1. Telangana'State Southern Power Distribution Company Limited'
Case Details
Acts & Sections
4. Telanoana State Southern Power Distribution Company l.inl"9, rep' by its - fi ;i;t";iEndineerlop"ration) Allapur, Medchal-Malkajgiri District' 5. A. Ravinder, S/o.Sri A.Kishtaiah aged aboul 67 y9ar9' "'Cr;E6i'M.+gt-, tt ftoor, Vasanthn?gar, Kukatpallv, R'R'District' Agriculture' -Oqq'
6. D.Chandra Sekhar Reddy, S/o Sri Raja Redd.y age.d about 60 years' Occ' " 6;;i;;;;,-R6.Fioil.ro.so, rl"numann6sar colbnv, Manikonda Jasir' R.R.District ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe ;i";;; i" issue a writ, order or direction more particularly one in the nature of [,vriiti frlunOurus declaring the impugned order vide letter No.AE/OP/Allapur/File f.fo.bon"rr", letteriO.No]ZSO7124-24 dated.27.O1 .2025 issued by the 4th ,".p*oi"t threatening with disconnection of power supply of service connection of t[" J"tition"r vide SC.No.tzoO1 11923 in respect of land bearing Plot No'112 of Bhagyanagar Co-operative Housing Society, admeasuring 444 Sq- yards' ,no"i sij.rtro.i007, situated at Kukatpaiiy village and Mandal, Medchal-MalkajQiri oi.trili'i. nott'ing but illegal, arbitrary, unjust, unconstitutional' total non- a, 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 coerc;ive steps of disconnection of power supply of petitioner's service connection vide SC:No.'12001 1192:i. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to take any coercive steps of disconnection of power supply of petitioner's service connection vide SC.No.12001 11923 in respect of land bearing Plot No.1 12 of Bhagyanagar Co-operative Housing Society, admeasuring 444 Sq. yards, under Sy.No.1007. situated at Kukatpally Village and Mandal, Medchal-M,alkajgiri District, by suspending the impugned order vide letter No.AE/OP/Allapur/File No.Consumer letter D.No.2507124-25 dated.27.O1.2025 issued by the 4th re:spondent, pending disposal of the writ petition, and to pas Counsel for the Petitioner: SRI HARENDRA PRASAD, SR. COUNSEL REP. FOR SRI MOHD MOIN AHMED QUADRI ,r", ,; Counsel for the Res;pondent No.1 to 4: SRI N. SREEDHAR REDDY, r.'. ., SC FOR TSSPDCL Counsel for the Respondent No.S & 6: - - - - The Court made the, following: ORDER
1.- HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT P ION o.475ooF2 o25 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. AE/OP/Allapur/File No' Consumer letter/D.No. 2507 124-25 dated 27'Ol'2025 issued by the 4tn respondent threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 11923 in respect of land bearing Plot No.112 of Bhagyanagar Co-operative Housing Society, admeasuring 444 sq. Yards under Sy.No. 1007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, u nconstitutio na 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 rerspondents not to take any coercive steps of discon nection of power supply of petitioner's service connection vide SC No. 12001 11923 and to pass". PERUSED T E RECORD
3. The imo qned order vide letter No.AElOPl Alla ou r / File No. Consumer letter.D. No 27,OL.20 25 issued bv the 4th resoondent 2507 124-2s dated is extracted hereu n d e11 "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 instrucl:ions issued by the Deputy Collector and Tahsildhar, Balanagar, dated 13.03.2012 vide letter No. B/665/2072 addressed to Divisional Engineer. In oberdience to the Hon'ble High Court Orders, it is to irnform that your power supply vide service connection No. 12OO1 LLgZg will be dasonnected after ,completion of 7 days from the date of receipt of this notice without any further communication".
4. UDon consent of both the learned co unsel on record n sen w e toc n J .\ ! ;J (a) The fact that this Court had allowed the Review Petation vide I.A. No.3 of 2025 in W'P' No' 10357 ot 2023 vide order dated 18.O2'2O25 modifying para 9 of the ordgr dated 22-OA.2O24 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, Kukatpally to duly consider the request of the petitioner No'2 as put-forth by the petitaoner in petitioners' representation dated 25.1O.2O11 in the light of the specific instructions and Tahsildar, issued bY the DePutY Collector vide letter Balanagar dated 13'03'2012 the Division No.B/66512OL2 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.LO.2OLL and also initiate necessary action on the said representation of the petitioner No'2 1l 4 t\ .i dated 25.10.2O11 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. :tt 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 Engflneer, 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 Z7.OL.2O2S vide letter No.AElOpl Allapur/File. No. Consumer letter D.No. 2SO7 /24_25 (referred to and extracted above) are in compliance with the earlir:r directions of this Court dated 22.Og.2O24 passed in W.P. No. 1O357 ot ZO2Z. The'writ petition is allowed. The present impugned order datr:d 27.OL.2O25 which had been issued by the 4th respondent in compriance to the directions of this court dated 22.08.2024 passed in W.p. No. 1O357 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 18.02.2025 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 18'02'2025' However' there shall be no order as to costs. Miscellaneous petitions, il unI SD/. T. ing, shall sta nd closed. CHAN DRA SEKHAR REDDY TANT REGISTRAR A //TRUE COPY// SECTION OFFICER .. \, To, 1 2 J 4 I I L ; . The Chairman and Managing Director' Telangana State Southern Power Diskibution company r,imitiYo,liiivit borot r", sgmajiguda, Hyderabad. i#' 5iilil;iE,iqii'""' tdi"i"iioiii"t"nstti.u.Stat6 Southern Power Dilit"ib'riil;' 6i,"ipi"v Linlt6i, r<ondup"' Medchal-Malkajsiri District' ifi$iBltfli?i*J$ltry rms:n:*."gJ:ii P! effi iXJX#5tl'iG"gi*diop6;iion) teLangaha State Southern Power Di;ft;i,ii;;C;;drnv t-iinii"o, Altairur' N/lelcna.l-t\ilalkaioiri District' one cc to SRI MoHD Moiti'Aiiit'lEb'citi4DBlSgfoiite topu-cl'^' . 5# dd tJ Siii r.r. SnEEdtiAh''ilEDDi sc ron TGSPDCL [oPUC] Two CD CoPies BN q( '.'J11i,1iilB?1;' " 5 o HIGH COURT DATED:1 810212025 CC TODAY ORDER ., WP.No.4750 of 2025 .i iE ST4r 6 ] ,.) ? $ itrfl fl6 * t) ()( a ,+ * ALLOWING THE WRIT PETITION WITHOUT COSTS q rgqC"N &-