High Court · 2025

Telangana State Southern power. Distribution Company Limited. rep. by its Chairman 84 Manaoino otre,c]or, VJyui b;;il;:d;#;rsuda, Hyderabad. Teransana state S-ouihern po*iui iii.ir6"rii;;"b#l;;"v Limited, rep. bv its ?lYPlglrr Engineer (operation) K;rdaE;, il;iri:ifrlir,;iAiii o]i.i"i" "' ''' tetangana State Southern power Disiribution rep nv its Divisionar Ensineei aop;;;il;;i"ii";ia[ur, rvreocrrat_ Matk;jstri . ail1l,"j?.", Telangana State Southern power Distribution Comoe F. p t";t E ;s;; Iidrj"ii j,?Y,.,'#li:.. rep. b v its A la p u r, M edc h, L ru ; i i l. Ravinder, s/o Sri A Kishiaiatr ' ig'ed--ibori ' ti "..l o?'' v"rr., occ.Aqricurture [/o ptot No 4e1 II ftoor, Vasanih;rs;i. KraE;irv]h i oi.t;i"r D Chandra Sekhar Reddy, Slo Bn R;H'h;dAy' ;ged about 60 years, 3."f 3i:?,1ffi.. R/o.Ptot troso, HanumJii"gr";?orony, Manikonda -C;;;;ny ,[imiieO, -Jasir, AND 1

3. 4 5 6 ...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 an order, Direction or a writ more particurarry one in the nature of WRIT OF TVANDAMUS declaring the order passed by the Respondent No. 41 Asst. Engineer operations Allapur section Kondapur sub_division in Lr. No. AE/oP/Allapur/Fire No. consumer Letter / D. No. 2499 r 24-2s, Dt. 27-1-202s to disconnect the petitioner's power suppry vide service No. 1200105448, and disconnection of power suppry on 2o-02-202s, to the petitioner is without issuing prlor show cause notice, without affording opportunity to the petitioner to submit his objections and without conducting any enquiry and contrary to the order passed by this Hon'bre court, rn w.p. No. 10357 of 2023,-Dt. z}-02-2o24 as illegal,bad,andviolationofPrinciplesofNaturalJusticeandconsequentlyset aside the said order Dl. 27 -01-2025 passed by the Respondent No 4 / Asst Engineer Operatior Allapur Section Kondapur sub-division and direct the Respondent No.4 tc restore the power supply to the Petitioner vide Service Connection No. 12C01-05448 forthwith in the interest of justice IA NO: 1 OF 2025 Petitionunde,rSectionl5lCPCprayingthatinthecircumstancesstatg(io the affidavit filed in support of the petition, the High Court may b9 pleased to suspend the order passed by the Respondent No. 4/ Asst Engirlger Operq!!01 Allapur section Kondapur rtib-division in Lr. No. AE/OP/Allapur/ Eile N9. Consumer Letter / D. No 2499 t 24-25, Dt 27-1-2025 to disgonnect the Petitioner's power supply vide service No 1200105448' b'1 directing the Respondent No.4 to restore the power supply to the Petitioner yide servi-qe ConnectionNo.l20]1-0544Bpendingdisposalofmainwritpetition Counsel for the Petitioner: SRI' S. BHOOMA GOUD Gounsel forthe RespondentNos. 1to4: SRI N' SREEDHAR REDOY' SC F9R TSSPDCL Counsel for the Respondent Nos. 5&6: * The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITIO N No.S 469 of 2O2S ORDER: Aggrieved by the action of the respondents, more particularly respondent No.4, in issuing the impugned proceedings vide Lr. No.AE/ OP/Allapur/ F.i1e. No. Consumerletter/ D. No. 249 g / 24 _25 dated 27 .OI.2O25, for disconnection of power supply to the petitioner, the present Wnt Petition is filed.

2. Heard Sri S. Bhooma Goud, learned counsel appearing for the petitioner, and Sri N. Sreedhar Reddy, iearned Standing Counsel for Telangana State Southern power Distribution Company Lirnited, appearing on behalf of respondent Nos. 1 to 4. With their consent, the writ petition is taken up disposal at admission stage. , I

3. Learned counsel for the petitioner submits that in identical circumstances, this Court passed the order dated 7g.O2.2O25 in W.P.No.3220 of 2025, setting aside the impugned proceedings therein, and therefore, prays this Court to pass a similar order in the present writ petition also

4. The above made submission is not seriously disputed by the learned Standing Counsel appearing for the respondent Corporation. 2 PK, J W.f ...1o.8469 of 2025

5. Having regard to the submissions made by rearned counsel for the respective parr,ir:s and for the reasons alike in the order dated 14.02.2025 rn \,V.1).No.322O of 2025, the Writ petition is allcwed setting aside the irn:ugned order vide Lr. No. AE/Op/Allapur/ File.No. Consumerletter /D.No.2499 /24_25 dated 27.Ot.2025 issued by respondent No..1. and the respondents are directed to take :rppropriate action in strict c,rmpliance of the order of this court dated, lg.o2.2o2s passed in revierv I.A.No.3 of 2O2S in W.p.No. 1O3S7 of 2O2ll u,ithin the timeframe stipu la trd therein. Miscellanecu s applications, if ar-ry, pending in this ur.rt petition, shall stand closec. No costs. A //TRUE COPY// To, SD/-A.V.S. PRASAD R ,Ni,Y'REGISTRA Y.t^ ott'"t R ',)

1. The Chairmal and Managing Director ' Telangana State 'iouthern Power ' oi.i,io'rilon;Ir,rprny Lii"itEj]viov,iS-oyofra, Sohaiiouda tlvderabad' 2. rhe Divisioral engin""iiOb"iaiionatlretangana.'State Sbuthern Power ' Oiri|,inii."'C r11 p;ni ririiLOkonOrpu|., MedChal-l\tlalkaio iri l) istrict 3. The Assisrant Divisionai*i;;l#;i*iope'ation)r"r'noina state Southern Power Dist.bJtion corffnilirniiJ r'""{o'ntii ttiledcnaj Markajgiri District' 4. The Assistart Engrne"Ji- ' (6peiation)Telingana State S;outhern Power - o,rtrio,ri"" co.p"ni, t-lmited. Ariapur, frleocfrat-Matt<a!.,q-iri District s. 5#'cc'6' 5ni b. tin-ootttA GouD, Adv-o-cate [oPtlcl 6 one cc to rltll N. snlEdiiaE"nr"rjoV,stlo'n rssPDC- toPUCl 7. Two CD CoPies BM BS {4- -::- i rr- -'..l*l#x...t ,-1- a-'.'1, -i" t.l /f CC TODAY HIGH COURT DATED:20103t2025 ORDER 1t{ E STA f€ o WP.No.8469 of 2025 : o ( P 25[AnM F * n o5-sF, 'lll i i ALLOWING THE WRIT PETTTION WITHOUT COSTS f F t+ Lb I i i I l l HON'BLE MRS wRIT ET SUREPALLT NANDA 'USTICE o No 103 70F20 3 ORDER: Heard Sri N. Bhavani Sankar, learned counsel appearing on behalf of the petitioners, tearned Assistant Government pleader for Municipal Administration and Urban Devetopment, appearing on behalf of the respondent No.l, Sri R. Vinod Reddy, learned Standing Counsel for TGSpDCL appearing on behalf of the respondent Nos.2, 5 and 6 and Sri M. Dhananjay Reddy, tearned Standing Counse! for GHMC appearang on behalf of the respondent Nos.3 and 4.

2. The petitioners 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 action of the Respondents in sanction of electricity connections against the temporary and illegal sheds as raiseP_without any sanction from the compet-ent authority i.e., 3'o respondent by third parties, ignoring the complaints made to the Respondent. in i'aurZf, ana nprit 2022, as bad, arbitrary and capricious with a consequential directions against the Respondents to disconnect the power supplies, duly cancelling the power sanctioned by removing the illegal sheds raised without any sanction in the petitioners, land admeasuring Ac.26.00 guntas and Ac.1O.0O guntas in Sy.No.1007 of 2 wP 103s7 2023 Kaithlapur Village, Kukatpally Mandal, Medchal-Malkajgiri oistrict anc pasi such other orders"'"

3. The casr: of the petitioners is that the petitioners are the absoluteownersandpossessorSofAgriCulturalland admeasuring.Ac.26.00 guntas and Ac' 10'00 9un[as in Sy.No.1007/A situated at Kukatpally revenue \/illage' Kaithalpur, Balanagar Mandal, R'R' District' The petitioners further subm t that they came to know that respondent Nos'7 to 21 are r:laiming as plot owners from Bhagya Nagar Cooperative l-lousing Society and that they erected shed illegally into the petitioner's land which has no san(:tioned layout or permit from a competent authority to be constructed. In furtherance of the unlawful intent' the respondents had applled for power connection referrinq to the petitioners' land as an alleged plotted area with a \/iew to encroach the petitioners land' Thereafter' representations were made bry the petitioner for disconnection of the said power supply connection. Moreover, the deputy collector and Tahsildar, Bala Nagar Mandal in his letter No' D1665/2012 dated 13.03r.2012 directed the 2nd respondent to disconnect 3 IYP_10357_2023 the electricity connection as the same was sanctioned without Iooking into the records. However, no response was given by the respondents and the unlawful encroachment continued to take place. Aggrieved by the inaction of the respondents, the present writ petition is filed. PE RUSE THE RECO RD.

4. It is the specific case of the petitioners that in pursuance to petitioners, representation dated 25.10.2011 enquiry had been conducted and report had been placed on record after conducting due enquiry by the Mandal Revenue Inspector and in the said report it was clearly held that some unknown persons dug a borewell by entering into the petitioners lands encroaching land in Sy.No.1007 to an extent of Ac.26.00 guntas and further the said AMRI had reported that the Bhagyanagar Society had been illegally interfering into the land of the petitioner in Sy.No.1007 and it is fruther stated in the said report that some unknown persons dug a borewell without obtaining any permission from the office and 4 }}P 10357 2023 the said persons are illegally trying to encroach into the land in Sy,No.1007' cf Kaithlapur Village of the petitioner herein' It is ther further case of the petitioners that duly 5. considering the representation of the petitioner No''l dated 25.t0.2017 and also the repoft of AMRI report dated 07.02.2012 tf e Deputy Collector and Tahsildar' Balanagar Mandal, vide Letter No.8/665/2012 dated L3'03'20t2 addressedtotheDivisionEngineer,APCPDCL'Kukatpally specifically requested the Division Engineer' APCPDCL' Kukatpallytcltakeactionandtodisconnectthepowersupply if any perrrission had been sanctioned to the third parties/encroechers of the land of D'Chandrasekhar Reddy and A.Ravinder. However, in respect of said letter dated 13.O3.20t2, no action had been initiated by the Division Engineer, APC PDCL, KukatpallY. A barer perusal of the proceedings Lr'No' 8/665120t2' 6 dated 13.03.2012 very clearly indicates that through representaion dated 25.10.20tt a detailed enquiry had been conducted tly the Mandal Revenue Inspector and specific 5 wP_I0357_2023 requests had been made to the Division Engineer, APCPDCL, Kukatpally to take action and to disconnect the power supply of connections sanctioned in favour of the third parties. However, no action had been initiated on the said Ietter dated 13.03.2012 by the Division Engineer, APCPDCL, Kukatpally as on date.

7. Sri R. Vinod Reddy, learned Standing Counsel appearing on behalf of the respondents submits that the Division Engineer, APCPDCL, Kukatpally may be directed to take action in pursuance to the specific instructions issued by the office of Deputy Collector and Tahsildar, Balanagar Mandal dated 13.03.2012 addressed to the Division Engineer, APCPDCL, Kukatpaily.

8. A bare perusa! of the proceedings vide Lr.No.B/665/201-2, dated 13.O3,.20I-2 of the Depurty Collector and Tahsildar, Batanagar Mandal, addressed to the Division Engineer, ApCpDCl_, Kukatpally, reads as under: 6 wP 10357_2023 FLlrther the AMRI reported that it is evident " that the tilte of Bhagyanagar Socieity has not fixed boundarir:s as per village map and location plan and Bhagyanirgar Society illegaly intefering in the land of in Sy.No.1007 and some D.Chandrasekar ReddY a borewell which has no unknown Persons dug permission from this office, as well as some unknown persons are illegally trying to encroach into the land in Sy.No,1007 of Kukatpally village of D' Chandrasekhar Reddy which has no permissions' In view of the above, I request you to take action and to disconnect the power supply if any recently sanctioned to third parties/encroachers in the lancl of D.Chandrasekhar Reddy & A' Ravinder (excludirrg the old power supply connections of D.Chanclrasekhar Reddy and A' Ravinder)"' Taking into consideration the aforesaid facts and 9 circumstances of the case and duly considering submissions made by the learned counsel appearing on behalf of the petitioners and Sri R' Vinod Reddy' learned Standing Counse! for TGSPDCL appearing on behalf of the respondent Nos.2, 5 and 6, the writ petition is disposed of directing the Division Engineer' 7 wP_10357_2021 APCPDCL Kukatpally to duly consider the request of the petitioner No.2 as put-forth by the petitioner in petitioners' representation dated 25.10.2O11 in the light of the specific instructions issued by the Deputy Collector and Tahsildar, Balanagar dated 13.03.2012 vide letter No.Bl665l2ot2 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.2011 and initiate necessary action on the represenation of the petitioner No.2 dated 25.10.2011. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. MRS . JUSTICE SUREPALLI NANDA Dated: 22.0,8.2024 Note:CC by tomorrow SKJ/Dsu