SRI v. vs RAMANA

2. Smt. V.Sujatha, Wo. Veerla Uma Maheswar' Ag9.d . about. 40 years, - OiC, Housejwife,' Rlio. H.No.8-3-743lA, Yellareddyguda, Hyderabad 3. Mr.V.Sridhar, S/o. V.Suresh, aged about 35 years, Occ:..Pvt' Employee' Rl/o. Flat No.'202, Srinidhi Residency, Gokulnagar, Tarnaka, Hyderabad 4.Mr.K.SudarshanRao,S/o.K.NarsingRao,Agedabout62years,Occ:Retd' Govt. Service, R/o. H.No.12-3-64512d12, Asif Nagar, Hyderabad' ...APPELLANTS/RESPONDENTS-s,6,8 AND 9 AND 1 I\Iallioeddi Madhusudan Reddv, S/o. Late M.Janardhan Reddy, Aged ab-o-qt 68 years, Occ: Agriculture, Fi/o. H.No.'l-2-3511 ' Habsiguda' Hyderabad-5uu 007. ...RESPONDENT/WRIT PETITIONER

2. The State of Telangana, Secretariat Buildings, Hyderabad' rgpj 9Y Principal Secretary, Power and Energy Department secretariat, Hyderaoao. 3. The Soutlrem Power Distribution Company Limited, of Telangana, rep' by its - Cniiimin and Managing Director, Mint Compound, Hyderabad 4. The Southern Power Distribution Company Ltd., of Telanggna, rep by its SrpeiintenOent Engineer, Operation, Habiiguda Circle, TGSPDCL' Habsiguda-500007, HYderabad-

5. The Southem Power Distribution Company Ltd., of T-elangang,^'9P'-9y its - A;;isl;;i Dirisionat Engineer (Comml.'), H-absiguda Circle, TGSPDCL, Habsiguda-500007, HYderabad 7/ -- 6 M.V.Narshga Re.o, Slo Late M.Venkat, Aged about 39 years, Jcc: private Service, Rl/o. H No. 10-5-77918. Tukaramglate, North Laiagudb Secunderabad ...RESPONDENTS lA NO: 1 OF 2025 Petition under Section 1s1 cpc praying thaf in the circumstances stated in the affidavit filed in support of the petition, the High court may be plea'sed to suspend the operation and execution of the order dated 13.2.202s passed in wp No.18049 of 2024, pending disposal of thewritappeal. Counsel for the Appellants: SRI SRIKANTH HARIHARAN Counsel forthe Respondent No.1: SRI V. V. RAMANA Counsel for the Respondent No.2: SRI p. GANESH, !9yryel for the Respondent Nos.3 to 5: SRI N. SREEDHA REDDY, SC FOR SOUTHER POWER DISTRIBUTION COMPANY LTD GP FOR ENERGY DEPARTMENT , The Court Delivered the following: JUDGMENT THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUNA YARA WRIT APPEAL No.437 of 2o25 JUDGMENT: (Per the Hon'ble the Acting Chief Justice Sujoy Paul) Sri Srikanth Hariharan, learned counsel for the appellants; Sri V.V.Ramana, learned counsel for respondent No.1 and Sri P.Ganesh, learned Government Pleader for Energ, Department for respondent No.2.

2. With the consent, hnally heard.

3. This intra Court appeal takes exception to the order passed in W.P.No.18O49 of 2024, dated 13.02.2025.

4. The learned Single Judge passed an order directing the official respondents to hear the respondent No.1 (writ petitioner), the appellants (respondents No.5, 6, 8 and 9 in the writ petition) and respondent No.6 (respondent No.7 in the writ petition) and take a decision on the question of grant of electricity connection.

5. The appellants urged that a civil suit, namely O.S.No.6O6 of 2021 (renumbered as O.S.No.732 of 2022), was hled by respondent No.l seeking injunction. The only order passed l 2 \ therein was to maintain status quo. The parties are at loggerheads as to who is in ;ectual possession. In this backdrop, the singular a-rgu.ment advar,ced by the learned counsel for the r Lppellants is that if the eler:r-ricity connection is provided to the respondent No.1, he u,ill be, using that to support his original suil for grart of injunction to sa1' that he is in possession.

6. During the course of hearing, learned counsel for the appellants made it clear that his whole argumr:nt is that respondent No. I is not in possession of the subject property and any grant of electricity connection to him will strengtl.Len his case before the civil Court. 7 We have heard the learned counsel for the partiesr at length

8. The operative portion of the order of the learned Single Judge shows thzrt the learned Single Judge thought Lt proper to direct the oifi,,i.1 respondents to provide al opportunity of personal hearing to respondent No.1, the appellants and respondent No.6: and take a decision within a stipulate<l time.

9. In our opir.rion, the ends of justice would be met if this writ appeal is disposed of by holding that it shall be obligatory on the ( ( J part of the official respondents to hear the appellants and respondents No. I and 6 and then take a decision on the question of grant of electricity connection. However, if the electricity connection is granted, that would not be a conclusive proof of possession of a party and it will be lawful for the civil Court to decide the question of possession and civil suit as per its own merits in accordance with law.

10. In this view of the matter and with the aforesaid observations, the writ appeal is disposed of by directing the official respondents to hear all the parties and take a decision regarding grant of electricity connection in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case. No order as to costs. Miscellaneous petitions pending, if any, shall stald closed. I //TRUE COPY// SD/.K.SAILESHI JOINT REGISTRAR SECTION OFFICER To, \ TJ LS

4. cretariat Buildings, riat, Hyderabad. '1 . The PrinciPa I Secretary, The State of Telan Hyderabad, Power and Energy Department 2. The Chairman and Managing Director' The Southern Power Distribut lon Company Limited, of Telangana, Mint Compo und, Hyderabad 3. The SuPerintend ent Engineer, The So uthern Power Distributio n Company Ltd., of Telangan a, Operation, Habsiguda Ci rcle, TGSPDCL, Habsiguda- 500007. Hvderabad. itltJ;ilii,"r,i'Siil]onrl Enqineer (comml.), The southem Power Distribution c,j-.ipi"i Lio.,-of Telangani, n jodiguoa Circle, TGSPDCL' Habsiguda- 500007, HYderabad o;;ci ii srl sr*antn Hariharan, Advoc-ate.[oPUC] on; aC io sri v. V. Ramana, Advocate tOfUCl ^ . i;; Cc ii it tcp ror energy, Higr, Cou'rt for th-e State of Telangana' at HvderabadlOUTl 6'";-CC 6'sraNl Sreedhar Reddy, SC for Southern Power Distribution Company Limited[OPUC] Two CD CoPies

5. 6. 7.

9. HIGH COURT DATED:2110412025 JUDGMENT WA.No.437 of 2025 .a'--:::-= :>,-.- ',^.r. .cir 0'-'' \i" .,/ \ llr' :' .i .,' + 1 It i:l o ti ii, DISPOSIN OF THE WRIT APPEAL WITHOUT COSTS A'It1l{