Pagidipalli Nageswara Rao v. 1. The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or direction preferably Writ of Mandamus, declaring the action of the Respondents No.2 to 4 in disconnecting the electricity connection provided to the Petitioner in accordance with G.O.Ms.No.6 Backward Classes Welfare (D) Department dated 29-06-2021 for the purpose of running laundry shop vide U.S.C. No. 16699168, S.C.No.117-111-084 situated at premises 7 bearing No. 5-7-200/1 llAt2 in Sy.No.40, 42 situated at Ranrachandraiah Nagar, Khammam Urban lt4andal, Khammam District, without issuin3 notice and without following due process of law as illegal, arbitrary and violztive of principles of naturaliusticeandviolativeofArticlesl4,2land300AoftheConstitutionof lndiaandalsoViolationofSection43oftheElectri(|itVAct,2003and conSeqUentlydireCtth()RespondentsNo.2to4toforthwithlestoretheelectricity connection to the Petitioner's laundry shop' t.A.NO: 1 0F 2025 Petition Unler Section 151 cPC praying that in the cir()umstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the RespondentS No, 2 to 4 to restore the electriCity cCnl]eCtion vide U.S'C. No. 16699168, S;,C, No. 117.111.084 situated at premis()S bearing No, 5-7- 2OOllllAl2inSy.No40,42situatedatRamachandraialrNagar'Khammam Urban Mandal, K.hanrmam District, used by the Petitioner for the purpose of rUnninglaundryShop.pendingdisposalofthemainwritpetitionintheinterestof justice. Counsel for the Petitioner : SRI SURYA BALU MAHENDRA Counsel for the Respondent No.1 : GP FOR ENERGY Counsel for the Respondent Nos.2 to 5 : SRI A'CHANDRA !;HEKAR The Court made the following ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.9645 of 2025 ORDER: This Writ Petition is filed aggrieved bv the action of Respondent Nos.2 to 4 in disconnecting the electricitv connection provided to the petitioner in accordance w,ith G.O.Ms.No.6, dated 29-06-2021 for operating a laundry shop, q,ithout issuing prior notice and in violation of due process of Iarr'

2. Petitioner has been in peaceful possession of House No.5- 7 2OO/tt/A/2 ln Survey Nos. 40 &, 42, Ramachandraiah Nagar, Khammam, for the past 24 years. He runs a lar-rncln shop there and belongs to the Rajaka (BCA) community. He applied for land regularization r. nder G.O.Ms.Nos.58 & 59, u,hich is still pending. A residence certificate was issued bv the Tahsildar on 0B-1O-20 17. During the COVID 19 lockdou,n, Revenue Authorities attempted to evict him without notice, prompting him to file W.P.No.857O of 2O2O, before this Court in nhich a status quo order was granted on 19.06.2020. Later, he rvas granted free electricity under G.O.Ms.No.6 of 202 1, but E-I \-YnnEd,b-* \ , .i .*r,-=.2t' 2 NBK,J w-P. No.9645 oI202S Respondent No.4 disconnected the supply ,vit.hout notice Despite multiple representation s, no action \ /a j takr:n. Hcnce, this Writ Petir ion

3. Heard Sri Surl.a Baln Mahendra, learned counsel for the petitioner art<l learned Standing Counsel for l'SN PDCL for respondent Nos.2 to 5. Perr,rsed the record

4. Learne<l Standing Counsel for respondenrs filed counter affidavit stat'ins that petitioncr has no legal title or right over the subject premises and is not residing there as per local enquiries. Thc land in question 1S part c,f the unused Nagarjunasagar sub canais, u,hcre several unauthorized kuchha houscs, including the petitioner's, rvr:rc built. Most encroachm erlts \\'ere removcd, arld plots wr:rc zrllotted at Velugumatla, i-.rut the petitioner's structure rerrLajued due to a status qu() order in WP. No,8570 of 2,O2O. Tire electricity connection u as u'rongh, provided under a free power scheme based on rnisleading information, using a housc number not found in nruni<:ipal records. Thc petitioner is ellegcd to have previouslv useri por.r,er unauthorisedly and wrs charged for pilferage. F'urther, he does not rLln a laundry shop or reside at *..;:l!r"87 3 N8K,J w.P. No.9645 o( 2025 the premises and is known to be a habitual encroacher. His application for regularization under G.O.Ms.No.58 was rejected due to lack of valid documents. A patta was earlier issued in the namc of his u,ife for a diflerent plot, which q,as sold in

2012. The petitioner's actions are seen as an attempt to misuse government schemes and court orders to claim ownership over encroached land. Therelore, praved to dismiss the Writ Petitior-r

5. Considering the submissions made by both the learned counsel and a perusal of the records shows that the alleged House No.5-7 l2OOlll lA/2 does not exist in municipal records, as confirmed by the Municipal Commissioner, Khammam. It is noted that petitioner has no legal right, title, or valid possession of the property. He has misused Government schemes and suppressed material facts. The electricity connection nas obtained through misrepresentation Additionally, the petitioner's earlier writ (WP No. 8570 of 2O2Ol on similar issues is still pending, and this writ constitutes an abuse of process to claim illegal occupation. As the writ petition is devoid of merits, it is liable to be dismissed 4 NB(,J W.P. No.9545 of 2O2S

6. Accordingly, the Writ Petition rs dismissed 'lhere shall be no order ari to costs Miscellrrncor-rs applicertions, if an1, pending. shall stand closed. //TRUE COPY// SD/- MOHD. ISMAIL DEPUTY REGISTRAR SE OFFICER

1. Two CCs to GP FOR ENERGY, High Court for the Stale of Telangana at Hvderabad [OUT] OiTe CC tII SRI SURYA BALU MAHENDRA, AdVOCAIE IOPUCI One CC trr SRI A.CHANDRA SHEKAR, Advocate (OPIJC) Two CD Oopies To 2 3 4 SA PVL ,.r,1;.'i.?:,"",i\ ( 11 SEP 20fr HIGH COURT DATED:0410812025 ORDER WP.No.9645 of 2025 DISMISSING THE W.P WITHOUT COSTS. 7 / / ,