The High Court · 2025

Petition und :r Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may re pleased to suspend the lmpLgned Rejection lntimation which was passed basing on the petitoner's appricalion dated 11-03-2024, by lhe respondent No 3 herein on the pretext of 'Govt La rd" and thereby direct the respondents herein to provide power supply of single pt ase electricity connection under Domestic Category in respect of petitioner's prot)erty i.e., H-No.40-B-157 with PTIN No.1177040616 on Plot No.157, admeas;uring 167 Sq.Yards, in Sy.Nos.117 and 118, situated at Badangpet Villalle, Balapur Mandal, Ranga Reddy District, Under Badangpet Municipal Corporalion, without reference to the Letter issued by rer;pondent no.S vide Lr.No.B/68120?-4, dated 2O-O2-2O23, pending disposal of the above writ petition Counset for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for Respondent No. 1: GP FOR ENERGY Counsel for Respondent Nos. 2 to 4: SRI N. SREEOHAR REDDY, SC FOR TSSPDCL Counsel for Respondent No. 5: GP FOR REVENUE The Court made tlre following: ORDER THE HON'BLE SRI JUSTICE PULLA I(ARTHIK WRIT PETITION N0.8524 of 2o25 ORDER: Aggrieved by the action of the respondents, more particularly respondent No.3, in rejecting the application of the petitioner dated I I .O3.2O24, seeking supply of Single Phase Electricity Connection under Domestic Category, the present Writ Petition is hled.

2. Heard Sri Katika Ravinder Reddy, learned counsel appearing for the petitioner, learned Government Pleader for energr, on behalf of respondent No. 1, Sri N. Sreedhar Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, appearing on beha-lf of respondent Nos.2 to 4, arrd learned Government Pleader for Revenue, for respondent No.5.

3. Learned counsel for the petitioner submits that the petitioner, who is the absolute owner and possessor of the House bearing No.4O-B-157 with PTIN No.1177040616 in Plot No. 157, admeasuring an extent of 767 Sq.Yards in Sy.Nos.117 and 118, situated at Badangpet Village, Balapur Mandal, Ranga Reddy District, made an application before the respondent Corporation, vide Registration No. NR914243945160 dated 11.03.2024, seeking supply of Single =---- 2 PK, J W.P.No.a524 oI2O2S ..! Phase Electrir:i ,rr C6t rr".,ton under Domestic Category rn respect of the subject prtperty, but the same was rejected statinil that the subject land <;':rnes under the Government larld category. However, learned counst:1 submits that the petitioner had purchased the subject land from Mr. G. Anj aiah and Mr. G Yadaiah, though a registered Sale Deed bearing Document No.1r267 of 2022 d,ated 15.71.2022. 'Ilrereafter, the petitioner had also obtained ,l building permission l::om the Municipal authorities vide permit No.308787/B Ail/\l2at2/2023 dated 7O.O7.2023, for construction of Ground + 1 Ul:pcr Floor building in the subject land. Subsequently, the petitioner sit arted the construction on the subject proprerty, and while enjoyin€; the possession of the same, on 2g.O2.itO24 a,.d 07.O3.2024, fr: r,,, revenue authorities tried to interfere with his peaceful posses;sion over the subject property. As such, he was compelled to file. W.P.No. S42l of 2024, whetein, this Court granted an interim order on '.29.O2.2024, directing the respondents therr:in not to interfere with thr: peaceful possession and enjoyment of the r:etitioner in respect of the subject property. However, without considering the said aspects, thc respondent Corporation rejected the appltcation of the petitioner rltted 11.O3.2024, treating the subject land as Government larrri and the same is illegal and arbitrary. Therefore, 3 PK, J W.P.No.8524 of 2O25 learned counsel for the petitioner prays this Court to pass necessary orders in the present writ petition.

4. Learned Standing Counsel for respondent Nos.2 to 4 submits that on 20.O2.2O23, respondent No.4 received a letter from respondent No.5, wherein, it was requested not issue any electricity connection in respect of the structures raised in the subject lald in view of the reason that the subject land fa-lls within the category of Government land. Therefore, the respondent authorities rejected the application of the petitioner dated tL.O3.2024.

5. This Court has taken note of the riva-l submissions made by learned counsel for the respective parties arrd perused the records.

6. As can be seen from the record, the subject land in Sy.Nos. 117 and I 18, situated at Badangpet Village, Balapur Maldal, Ranga Reddy District, admeasuring an extent-of 16T Sq.yards, was purchased by the petitioner from Mr. G. Anjaiah and Mr. G. yadaiah through a registered Sale Deed bearing Document No.1126T of 2022 dated 15.11.2022. Thereafter, the petitioner had also obtained a Building Permit Order from the Badangpet Municipal Corporation vide Permit No.308787/ BADA/28t2 /2023 dated tO.OZ.2023, for construction of individual residentiar building in the subject land L 4 PK, J W.P No.8524 of 2025 consisting of (lround Floor + I Upper Floor. Further, it is to be noted that this Crou -r. vide order dated 29.o2.2o24 in w.p.No.5z.2 | of 2024, had also gra:lted an interim order, directing the Revenur. authorities not to inte rltr:e with the peaceful possession and enjoy:rrent of the petitioner in r.r:spect of the subject property.

7. From thr: above, this Court is of the view that the r.espondents ought not to fi2rr. rejected the application of the petitioner for providing S ir: gle phase Electricity connection under Domestic Category, citing that the subject land is a Government larrc.

8. In cas,e s of providing Electricity Connection, as per the provisions of r,-re Electricity Act, 2003, the respondent Corporation is obligated onl'y' to see whether the petitioner has a prima J zcie title or not, but thr:y rlre not expected to verify the title of the ri yal parties. Unless and urLtil a Civil Court grants an injunction order, restraining the respondentrs from granting any finding that : he applicant is not premises, the authorities cannot ln physical possession of the servlce connection or gives a reject the particularly, ba sed on mere communication application, more from the Revenue authorities. 5 PK, J W.P.No.8524 of2025

9. Therefore, this Court deems it appropriate to direct the respondents to re-consider the application of the petitioner for providing Single Phase Electricity Connection under Domestic Category in respect of the subject property.

10. Accordingly, the Writ petition is disposed of directing the respondents to re-consider the application of the petitioner vide Registration No.NR914243945160 dated 11.03.2O24, for providing Single Phase Electricity Connection under Domestic Category, duly taking into consideration the registered Sale Deed bearing Document No.11267 of 2022 dared 15.11.2022 and the Building permit Order vide Permit No. 308787 / B AD A / 28 j,2 / 2023 dated tO.OT .2023, without reference to the letter addressed by respondent No.5 dated 2O.O2.2O23, and pass appropriate orders strictly in accordarce with law, as expeditiously as possible, preferably within a period of two (O2) weeks from the date of receipt of a copy of tliis order. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. //TRUE COPY// Sd/. T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Power and Energy Department, State of Telangana, 2. The Chairman and Managing Director, Southern Power Distribution Company Secretariat Building, Hyderabad. Ltd,, Mint Compound, Hyderabad Saroornagar, Ranga Reddy District Balapur, Balapur Mandal, Ranga Reddy District.

3. The Divisional Engineer, Operation,, Champapet Division, TGSPDCL, 4. The Assistant Engineer ( Electricity ), The Assistant Engineer ( Eleckicity ),, 5. The Tahsildar,, Balapur Mandal, Ranga Reddy District. 6. One CC to Sri Katika Ravinder Reddy Advocate [OPUC] 7. Two CCs to GP For Energy ,High Court for the State of Telangana. [OUT] 8. One CC to Sri N. Sreedhar Reddy, SC for TSSPDCL (OPUC) 9. Two CCs to GP For Revenue, High Co lo.TwoeD Capies urt for the State of Telangana- [OUTI - g II,RC r HIGH GOURT PK,J DATED: ?.010312025 {H't: {ii1 /c f{ o i 26 Hlln zffi z o * - ,., ,.'.) i-_::__-i-i- " ORDER WP.No.8524 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS mo0f'4 "b- '*VV