Sri. Kallu Ramesh Rg9dv v. Sri. A. Harshavqldhal. Rgddy

#4. sri. Ashok A_ganrual, Husband of Late Sangeetha Agaruval, Aged about. 60 years, Occ. Business, R/o. Plot No. 32, Road No. Z, Jubilee Hills, Hyderabad

#5. The State of relangana, rep.by its Principal Secretary, Energy Department, Secretariat building, Hyderabad. .....RESPONDENTS 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 a writ, order or direction more so, a writ in the nature of mandamus, by declaring the action of the third respondent in disconnecting the power supply with service Nos. A906002USC No. 11207941 and 49058588 USC No. 109929789 on 1610512025 to the premises bearing plot Nos. 18/B and part of plot No. 18/A, in survey Nos. 74 and ts, situated at Madhapur Village, Serilignampally Mandal, Ranga Reddy District, which has been in occupation of the petitioners continuously from 2014 onwards by establishing swimming pool, at the behest cf the fourth respondent as arbitrary, illegal high handed unlawful, contrary to law voilative of principles of natural Justice and infringement of fundamental rights guaranteed under Constitution of lndia and consequentially to direct the rel; pondents to forthwith restore the power supply with service Nos. 4906002USC; No. 11207941 and A9058588 USC No. 109929789 to the said premises in occupation of the petitioners as lessee and not to take any coercive steps against the petitioners. !.A.NO:1 OF'.r-025 Petitiort Under Section 15'1 CPC praying that in the circumstances stated in the affidavit f iled in support of the petition, the High Court rnay be pleased to direct the respondents to forth with restore the power supply with service Nos. 4906002USC No. 11207941and 490585S8 USC No. 109929789 for the premises bearing plot Nos. 18/B and part of plot No. 18/A, in survey Nos.74 and 75, situated at N'ladhapur village, Serilignampally trlandal, Ranga Reddy District, which has been occupation of the petitioners from 2014 onwards during the pendency of the above writ petition. Counsel for tlhe Petitioners : SRI G.VASANTHA RAYUDU counsel for tlre Respondent Nos.l to 3 : sRl N.SREEDHAR REDDY ( sc FoR TGSPDCL) counsel for tlre Respondent No.4 : sRl M.NARENDER REDDY, sENloR COUNSEL RE:PRESENTING SRI UMESH SINGH Counsel for tlre Respondent No.5 : G.p FOR ENERGY The Court made the following ORDER TN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTTCE RENUKA YARA WRIT PETITION No.l5l75 of 2025 THE ISTH DAY OF FEBRUARY, 2026 Between: Sri Kallu Ramesh Reddy and another ANT) Southem Power Distribution and 5 others ORDER: .Petitioners ...Respondents The writ petition is filed seeking the following relief: "... to issue a writ, order or direction more so, a writ in the nature of mandamus by declaring the action of the third respondent in disconnecting the power supply with service Nos. A906002USC No.ll20794l and 49058588 USC No.109929789 on 16.05.2025 to the premises bearing plot Nos.l8/B and part of plot No.18/A, in Survey Nos.74 and 7-5 situated at Madhapur Viltage, Seriligampally Mandaf, ltanga lteddy District, which has been in occupation of the petitioners continuously from 2014 onwards by establishing swimming poo[, at the behest of the fourth respondent as arbitrary, illegal high handed unlawful, contrary to law violative of principles of natural Justice and infringement of fundatnental rights guaranteed under Constitution of lndia and consequentially to direct the respondents to forthwith restore the power supply with service Nos.A906002USC No.l1207941 and ,49058588 USC No. 109929789 to the said premises in occupation of the petitioners as lessee and not to take an1" coercive steps against the petitioners and .. . . . ".

#2. Heard Sri G. Vasantha Rayudu, leamed counsel for the petitioners, Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL \ A -;l i R. w.P 15t75 202>\ \ \, appearing for respondent Nos.l to 3, Sri M. Narender Reddy, learned Senior Cc,unsel representing Sri Umesh Singh, learned counsel for respondent No.4 and learned Government pleader f,or Energy appearing for respon<lent No.5.

#3. The petitioners are tenants in premises bearing Plot Nos.l8/B and part of Pl<>t No.l8/A, in Survey Nos.74 and,75 situated at Madhapur village, Serilingampally Mandal, Ranga Reddy District. The petitioners entered into a lease agreement with the wife of respondent No.4 on

06.05.2014 for leasing the scheduled premises up ro 31.01 .2022 on payment cf monthly premium of Rs.1,18,000/-. As per said lease agreement, any extended stay in the premises beyond 31.0 I .2022 requires payment of premium of Rs.6,00,000/- per month. After expiry of the lease period, the husband of respondent No.4 addressed a letter to respondent Nos.l to 3 to disconnect the high power electric supply at the subject premises. I'he respondent Nos.l to 3 have disconnected the high power electric supply with service Nos.A906002USC No.1 I207941 and 49058588 USC No.109929789, leading to filing of the presenr writ petltlon.

#4. Learned counsel for the petitioners submits that supply of power is a fundamen':al right which is an integral part for leading life and therefore, 2 RY,J w.P 15175 2025 the same may not be disconnected without following due process of law and in that connection, reliance is placed on the order passed by this Court in the case of Mumtaz Yarud Dowla Wakf, Hyderabad v. Southern Power Distribution Company of Telangana Ltd., Hyderabad and othersr. [t is argued that there is a civit dispute involving landlord-tenant and therefore, the respondent No.4 cannot resort to highhanded tactics such as disconnection of the high power supply in order to compel the petitioners to vacate the subject premises.

#5. In response, the learned standing counsel for respondent Nos.l to 3 submits that the petitioners are not entitled to approach this Court seeking remedy under Article 226 of the Constitution of lndia to declare the act of respondent Nos.l to 3 as illegal as the petitioners themselves are not in legal occupation of the subject premises but are in illegal occupation after expiry of lease on 31.01.2022. It is ernphasized that the petitioners are under obligation to either produce title deed to the subject premises or produce a valid lease deed for continued power supply.

#6. Since the petitioners are in occupation of the subject premises after expiry of lease on 31.01.2022, the respondent No.4 contends that the petitioners are not entitled to any relief. 'zrozs{O ALD 249 (TS) 3 .l Ir w.P_tst75_?0z-

#7. Nov,i the point to be determined is whether the petitioners are entitled to rhe relief prayed for?

#8. on ,rccount of the order passed by this court on 21.05.2025 in I.A.No.l cf 2025, the power suppry to the subject premises has been restored

#9. As p,:r facts borne by record, the petitioners are in occupation of the subject prernises in spite of expiry of lease on 31.01.2022. However, as per established precedents, the petitioners cannot be expelled without following due process of law. As long as the petitioners are in occupation of the premises, they are also entitled to power supply and the same may not be disr:onnected without foilowing due process of law. In the circumstanc, rs, the petitioners as well as the respondent No.4 may approach apltropriate forum for remedy. l0' In the result, the writ petition is disposed of with a direction to respondent |.los.l to 3 to continue to provide power supply to premises bearing Plot Nos.18/B and part of plot No. rg/A,in Survey Nos.74 and,75 situated at Ir4adhapur Village, serilingampally Mandal, Ranga Reddy District havi,g service Nos.A906002usc No. r r 2o7g4r and A905g5gg USC No' lo9r)297g9, untir the power suppry is disconnected by fo[owing pto"ess .f law. The petitioners and respondent No.4 may approach \ 4 RY,J w.P 15175 2025 appropriate forum for remedy with regard to their civil disputes. There shall be no order as to costs As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPYII SD/.C ISTRAR I t, SECTION OFFTCER v To

#5. 6 7 8. SA h- 5 a ! i I I HIGH CIOURT DATED:1810212026 I s () * 07 IF I 2[26 * ORDER WP.No.15175 of 2025 DISPOSING OF THE W.P WITHOI,'T COSTS. 10 "4",[ \q- , Anilo"