High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring inaction of rhe Divisional Engineer, Electrical (Operation), TSNPDCL, Kothagudem, 3d respondent herein, in hearing and disposing of petitioner application dated 06-0s-2024 received on 07 -os-2o24 made seeking to take action against illegal grant of electrical service connection to Sth :_. respondentherein'asillegal,arbitraryandagainsttoprinciplesofnaturaljustice and consequently tlirect The Divisional Engineer' Electrical (Operation)' TSNPDCL, Kothagudem, 3td respondent herein, to hear and dispose of petitioner application dated 06-05-2024 received on 07-05-2024 as expeditiouslY as possible. IA NO: 1 0F 2024 PetitionunderSectionlSlCPcprayingthatinthecircumstancesstatedin the affidavit filed in :support of the petition, the High Court may be pleased to permit petitioner to make substitute service on Sth respondent in w.P. No. 15535 of 2024 by way of News paper publication in local Distriit Edition of Kothagudem, Bhad rad ri-Kothagudem District. Counsel for the Petitioner: SRI R. R. KALYAN Counsel forthe Respondent No.l: GP FOR ENERGY Counsel for the Respondents No.2 to 4: SRI ZAKIR ALI DANISH, S.C. FOR TSNPDCL Counsel forthe ResPondent No.5: - The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.15535 ot 2O24 ORDER: Heard Sri R. R. Kalyan, learned counsel appearing on behatf of the petitioner, learned Government Pleader for Energy, appearing on behalf of respondent No.1 and Sri Zakir Ali Danish, learned Standing Counsel for TSNPDCL, appearing on behalf of respondent Nos.2 to 4.

2. The petitioner approached the Court seeking prayer as under:- "...to issue a writ, or0er or directlon mor-e particularly one in the nature of Writ of Mandamus declaring inaction of The Divisional Engineer, Electrical (Operation), TSNPDCL, Kothagudem, 3'd respondent herein, in hearirrg and disposing of petitioner application dated 06.05.2024 received on 07.O5.2024 made seeking to take action against illegal grant of electrical seruice connection to 5th respondent herein, as illegal, arbitrary and against to principles of natural justice and consequentiy direct The Divisional Engineer, Electrical (Operation) TSNPDCL, Kothagudem 3'd respondent herein, to hear and dispose of petitioner application ciated 06.05.2024 a .tot-_- i I iI 2 received on 07.05.2024 as expeditiously as possible and to pass such other order or orders in the interest of jusl:ice. " It is the specific case of the petitioner that vide his 3. detailed application/representation dated 06.05.2024 addressed to respondent No.3 petitioner sought initiation of appropriat€] action against illegal grant of electiical service connection to respondent No.5 and though an interim order is granted in favour of the petitioner on 28.06.2024 directing respondent No.3 to consider the petitioner's representations dated 06.C,5.2024 and 07.05.2024 in accordance to law, in conformity with the principles of natural iustice and after providing an opportunity of personal hearing tc the pelitioner and also respondent No.5 herein curlously the prcceedings Lr.No.ADE/Op./KGMT/F.Doc/D.No.327/24 dated 28.07.2024 had been i:;sued to the pctitioner informing the petitioner that necessary action would be taken based on the Hon'ble High Court orders. PERUSED T E RECORD: l ,1" ) .i I 3

4. This Court vrlde its order date d 28.06. 2024 oa ed flm orders in favour of the Detiti ner observinq as under: "The petitioner has filed the present writ petition declaring the inaction of the respondent No.3 in hearing and disposing peutioner,s representation dated 06.05.2024 07.05.2024 seeking to take action against illegal grant of electrical service connection to respondent No.5, as illegal and arbitrary and against the principles of natural justice. Heard Mr. R. R. Kalyan, learned counsel appearing on behalf of the petitioner and Mr.Zakir Ali Danish, learned Standing Counsel appearing on behalf of respondent Nos.2 to 4. It is the specific case of the petitioner that the petitioner vide detailed representations dated 06.05.2024 and 07.05.2024 addressed to respondent No.3 herein, sought cancellation of power distribution meter for the house bearing No.4-4-t4B/7, Vishwanadha Colony, Gajularamji Street, Kothagudem Town, Bhadradri-Kothagudem District of Valladas Raghavulu i.e., the respondent No..5 herein on the ground that the petitioner.s patta land had been occupied by the 5th respondent with fake documents and that the petiUoner had filed Civil Suit on the rile of principal Junior Civil 4 Judge Court in O.S.No.202l2015 and filed W.P.t'Jo.9210 of 2016 before this Court and inspite of the order of Status-quo vide order dated 04.I21.2023 passed in W.P.No.9210 of 2016, in favou r of the petitioner on an earlier occasion the respc,ndents had proceeded and issued electricity service connection in favour of respondent No.5 h ereln . Basing on the above referred pleas, the petitioner vide representations dated 06.05.2024 and 07.05.2024 requested the respondent No.3 for cancellation of the power distribution meter issued in favour o'f respondent No.5 herein. Inspite of receipt of petitioner's representatio n s, yet there had been inaction on the part of the respondents herein and rence, the petitioner approached this Court by filing the present writ Petition. peti toner s Takinq into conside ration the fa s and ctrcumstances of the case oendinq further is directed to onside r orders, resoondent No. reDresentations dated 7,05.2024 in accordance to O5.O5.2O24 and in conformi with orincioles of natural law, i ustice after Drovidinq an oooortu n itv of h 5th resoond e nt and Dass a oorooriate orderson the oetitioner's reoresentations dated ioner and al fln to the r 5

6.O5.2 2 com unicate the decision totheoetitioner.

7. 5.2024 and List on 30.07.2024 for filing counter by the respondents. "

5. Sri Zakir Ali Danish, learned Standing Counsel for TSNPDCL, appearing on behalf of respondent Nos.2 to 4 submits that the writ petition could be disposed of directing respondent No.2 to consider the grievance of the petitioner as put-forth y/de petitioner representations dated 06.OS.ZO24 and 07.05.2024 to respondent No.3 herein pertaining to initiation of appropriate action against illegal grant of electrical service connection to respondent No.5 herein in accordance to law within a reasonable period.

6. The said submission made by learned Standing Counsel appearing on behalf of respondent Nos.2 to 4 is not disputed by the learned counsel appearing on behalf oF the petitioner.

7. TAKI G INTO CONSID ERATION: a). The submissions of the learned counsel appearing on behalf of the petitioner and learned Standing Counsel appearing on behalf of respondent Nos.2 to 4. 6 t-' b). The contents of the petitioner's representations d ated 06.05.2024 and 07 .O5 -2024' c). The proceedings Lr.No.ADEy'Op'IKGMT / F.Doc/D.No.327/24 dated 28.07.2024 issued by respondent No.4 to the petitioner. d). The interim orders granted by this Court aiateA ze.OO.2O24 passed in the present W.P.No.15535 ol 2O24, the writ petition is dispqsed of directing respondent No.4 to consider the grievance of the petitioner as put-forth vide petitioner's representations dated O6.O5.2024 and O7.O5.2O24 pertaining to the initiation of appropriate action against illegal grant of electrical service connection to respondent No'5 in accordance to law, in conformity with the principles of natural iustice and after providing an opportunity of personal hearing to both the petitioner and respondent No.5 and pass appropriate orders on petitioner's representations dated 06.05.2024 and O7.O5'2024 and duly cornmunicate the decision to the petitioner and also to the respondent No.s within a period of two (2) weeks from the date of rec€ipt of a copy of this order' However,. there shall be no order as to costs. I I I 7 Miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD/. K.SREERAMA MU ASS]STANT REGI RAR To, SECTI ON OFFICER ' IffiJ;'i:nal secretary, Energv Department, state of retangana, secretariat, 'Ii:,:L:KgilLg,rJ[,"-.j:h j;3f ll"Tr;.,ffi i,ru.ji3ijl?,:,"o,,,n,Ltd,vidyut ' Iffi rB'Jfi"?ifl (operation), rsNpDCL, Kothagudem, 4. The Assistant Divisional Engineer, Ooeration 5. One CC to SRt R. R. KALYAN, Advocate tOpUCl t Lririouripllii, r"'tri5'g";"r, Bhadradri_K6th"nro"r.fn?,,Jlsion, rsNpDCL, ly3"r:3iol?o3fi "' Energv, Hish court for the state of retansana at "n=,loni]"Bl.,Elechical

7. One CCto SRt ZAK|RALt DAN|SH, S.C. foTTSNpDCL [OPUC] 8. Two CD Copies MP BSR HIGH COURT DATED: 0710112025 "a-a\\,c'. ' ,-€- q :) 1 3$lrfizffi p :t C .1, 'ir-:' 'k.=.:- i,,'--''l' ORDER WP.No.15535 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ tD)D t'