High Court · 2025

circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more partir;ularly one in the nature of writ of Mandamus direct the 4th respondent to commence and complete the eler:tricity connection as per the sanction memo No' SE/oP/H8G/COMML-/DR.No.08/24- 25,D.N O. 60t24-25 dated 1 8.0',4.2024 in not commencing sanctic,n memo issued by the 3rd respondent as per Registration Nos. NR908243961104, NR908243961136 and NR 908243945179 i.e., extension of supply to 3 Nos. three Phase 5 HP AGL the to the petitioner's agriculture property i. e., adrneasuring Ac. 4.17 Guntas in Survey No 315/E and admeasuring Ac. f .i]7 Guntas in survey No. 316/E/A total admeasuring 4c.6.',l4 situated at Pratapa Singaram Village, Ghatkesar Mandal, Ir,4edchal-Malkajgiri District. {-'':', |.A.NO:1 OF 2024 Petition Under section 15'l cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 4th respondent to extend the electricity connections as per Registration Nos. NR908243961104, NR908243961 ',l36 and NR 908243945',l79 i.e., extension of supply to 3 Nos. three Phase 5 HP AGL the to the petitioner's agriculture property i. e., admeasuring Ac. 4.17 Guntas in Survey No 315/E and admeasuring Ac. 1.:37 Guntas in Survey No. 316/E/A total admeasuring Ac.6.14 situated at Pratapa Singaram Village, Ghatkesar Mandal, Itledchal-Malkaj eiri District as per the sanction Memo No. SEOPTIBG/COI\4ML/DR.No.08i24-25, D.NO. 60/24-25 dated 18.04.2024 by the 3rd respondent without any further delay, pending disposal of the Main writ petition. Counsel for the Petitioner : SRI V.V.RAMANA Counsel forthe Respondent No.1 : AGP FOR ENERGY Counsel for the Respondent Nos.2 to 4 : SRI N.SREEDHAR REDDY Counsel for the lmplead Respqndent Nos.s to 9 : SRI S'HARIHARAN The Court made the following ORDER / /; OR DER: HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.18049 ot 2024 Heard Sri V.V. Ramana, learned counsel appearing on behalf of petitioner, learned Assistant Government pleader for Energy, appearing on behalf of respondent No.1 and Sri N, Sreedhar Reddy, learned Standing Counsel for TS Transco appearing on behalf of respondent Nos.2 to 4 and Sri S. Hariharan, learned counsel appearing on behalf of respondent Nos.5 to 9.

2. The petitioner approached the Court seeking prayer as under: "...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus direct the 4th respondent to commence and complete the electricity connection as per the sanction memo No. SE/ OP / HBG/ COMML/DR. No. 0B / 24-25, D. NO 60/24-25 dated 18.A4.2024 in not commencing sanction memo issued by the 3'd respondent as per Registration Nos. NR908243961104, NR908243961136 and NR 908243945179 i.e. extension of supply to 3 Nos. three Phase 5 HP AGL to the petitioners agriculture property i.e. admeasuring Ac.4.77 Guntas in Survey No.315/E and admeasuring Ac.7.37 Guntas in Survey No.316/E/A total f* \ T 2 SN. J \\ P 18019 2024 admeasuring Ac.6.14 situated at Pratapa Singaram i/illage Ghatkesarr Mandal Medchal-Malkajg iri District and to p;ass "' The case of the petitioner, in brief is that the petitioner is 3 absoluteoWnerofagriculturallandadmeasuringAc.4.lT guntas in SurveY No.315/E and admeasuring Ac'1'37 guntas Survey No.3r16/E/A, total admeasuring Ac'6'14 situated at Pratapa Sing,aram Village, Ghatkesar mandal, Medchal Malkaigiri DiStr|Ct.Thefatherofthepetitionerpassedawayon2.T_.11.,2009 and the petil:ioner submitted a representation on 21'08 '2oll lo the Tahsildar, Ghatkesar Mandal, Medchal District to mutate petitioner's name in the concerned revenue records and issue pattadar pass book' Accordingly' the Tahsildar issued Proceedings No.B/343/2OlB, dated 28'O4'2O]-B ordering mutation of the said land in the name of the petitioner' Subsequently patta WaSissuedtothepetitionertoanextentofAc.4,lTguntasin Sy.No. 315/E , Ac.!.37 guntas in Sy'No' 316/ElA' total an extent of Ac.6.14 gluntas. The petitioner further submits that one Smt' Lellavathi \,r/o. Late Dattatreya claimed that her plot falls in the by the Petitioner. The 2!.03.2024 to the 3'd which was fenced suit schedule land an apPlication on petitioner made respondent having a sum of Rs.17 ,272-50 for extension of I ,' I ., -}:; 1 3 SN, J wP rt049 2024 supply to 3 Nos. 3-Phase 5 HP in the subject premises of the petitioner and the 3'd respondent directed the petitioner to pay Rs.1,81,000/- and accordingly the petitioner paid the said amount. On the directions of 3'd respondent, 4th respondent issued proceedings dated 18.04.2024 For extension of electricity supply installation of 3 Nos. 3-Phase to the subject premises of the petitioner. But the 4th respondent had not commenced the work. Aggrieved by the said inaction of the 4th respondent, the petitioner filed the present writ petition. 'f PERUSED THE RECORD

4. It is the specific case of the petitioner that in spite of sanction memo No. SEIOP/BHG/COMML/DR.NO.OB/24-25, D.No.6l/24-25, dated 18.04.2024 issued to the petitioner by the 3'd respondent, no power supply had been provided to the petitioner as per the sanction memo dated L8.04.2024 issued by the 3'd respondent in favour of the petitioner.

4. Counter affidavit had been filed by the respondent Nos.2 to 4 and the specific stand taken is that civil disputes are pending between the petitioner and the respondent Nos.5 to 9 and 4 therefore the sanction memo granted in favour of the by the respondent No.3 could not be acted upon' SN, J !\P 18049 2024 petitioner 6, Learnecl counsel appearing on behalf of the unofficial respondent Nos. 5 to 9 contends that in view of the pendency of civil disputes between the petitioner and respondent Nos'5 to 9 the relief as :;ought for by the petitioner cannot be granted by this Court 7 Section 43 of the Electricity Act, 2OO3 reads as under: "section 43. (Duty to supply on request) (1)(Save as distrib,ltion ) r o r e o th licensee, u ier h s otherwise Provided s t at n a!!, on ana oolicati on u n r o u in this Act, every vt e a r Provided that where such supply requ'res extensionofdistributionmains,orcommissioningof n.* ..rU-ttations, the distribution licensee shall rJpplv itt" electricity to such premises immediately iit!-. l".rt extension or commissioning or within such iL.i"J it mav be specified bv the Appropriate Commission: Provided further that in case of a village or tramtet or. u.". wherein no provision for supply of exists, the Appropriate Com.mission may ar,t*a the said period as it may consider necessary "l""i".ity i"i of such village or hamlet or area' "l."t.iti"ation I ,. , 5 SN. J wP 1E049 2024

8. The Apex in the Judgment reported in 2023 Livelaw (SC) 453 in between K.C.Ninan Vs. Kerala State of Electricity Board and others passed in Civil Appeal Nos.21O9 and 211O ol 2OO4, dated 19-05.2023, observed as under: " ElectricitvAct. 2OO3 Section 43 - The duty to supply electricity under Section 43 is with respect to owner or occupier of the premises. The 2003 Act contemplates a synergy between the consumer and premises. Under Section 43, when electricity is supplied, the owner or occupier becomes a consumer oniy with respect to those particular premises for which electricity is sought and provided by the Electric Utilities. "

9. The Apex Court in its Judgment reported in (2O11) 12 Supreme Court Cases 314 in between Chandu Khamaru Vs' Nayan Malik and Others passed in Civil Appeal No'7575 of 2O11 dated O2.O9.2O11 observed as under: Sub-section (1) of Section 42 and sub-section (1) of the Electricity Act,2003 are quoted herein below: ection 4 of "42. Duties of distribution licensees and open access-(1) It shall be the duty of a distribution licensee to develop and maintain an efficient co-ordinate and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act." i'43. Drty to supply on request-(1) Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of eiectricity to such premises, within one month after receipt of the application requiring such supply." 6 SN, J u P 18049_2024

7. It wlll be clear from sub-section (1) of Section 42 that every distributic,n licensee has a duty to develoP and maintaln an efficient co-ordinated and economical distributi on system in his area of suPPlY and to suPPlY electricity In acco rdance with the p rovisions; contained in this Act' Sub-section (1) of Section 43 provides that everY distribution licensee, shall, on an application bY the owner or occupler of anY premises, give suPP|Y of electrlcity to such Premises, within one month after receipt of the aPPlicatio n requiring such suPPlY' These orovisions in c r a 20 m e o d r t r s n n r f t f n n n r1 a t t r o r rI r d o n to n rIc a ee fs h a s s -I'he case of the aPPellant, on the other hand, is that this passage is not a Private passage of resPondent Nos l to 3 but is a common passage and therefore an electric line can be drawn through this com mon passage. This dispute will have to be resolved ln Civil S uit No.83 ot 2OO4 Pending in the Collrt of Civil Ju h r en tn a Di f t b 1-2. t n n s r e e d u ell n house. 11. We, therefore, set aside the order of the learned Single ir-Jg " u, well as the impugned order of the Division Bench and rliqnnse of the Writ Petitio; of respondent nos l to 3 with the ii.5.,i"rr,nr,,f.re'dirtribution licensee will find out whether there is ;;;-;th"; way in which eiectric llne can be drawn for supply of electrici:y to the house oi ine appellant,- other than the disputed Iu*.rug1lin o"g Nos.406, 4o7 and 4o9' If there is no other way to fi;;iy'-=i;.tri;tv to *re house of the appellant' the distribution ti;;;r;. wiil foliow the provtsions of sub-section (2 ) of Section OZ*"iif-," rL".tricity Act, 2003 for carrying out the work for supply of electricity to the house of the appellant'

10. The Apex Court in the Judgment reported in 2022 Livelaw 57O in between Dilip (dead) through LRs Vs' SatishanclotherspassedinCRLANo.sloof2022(arising f: I / ,?. t;' 1 SN, .I wP 18049 2024 out of Special Leave petition (CRL)No.89L7 of 2O19, dated

13.O5.2022 observed as under: "It is not disputed that applicant No.1 has obtained the connection of electricity. The submissions made show that applicant No. 1 is in possession of the shop and he is running a saloon shop. It is clear that he needs electricity for doing this business, but the first informant was not giving no objection certificate. He took every step to see that applicant No. I does not get supply of electricity for his business. It is not the case of the Applicant No. 1 that as per the agreement between him and landlord, the landlord the ElectricitV is bound to supply the electricity. Fu rther, Board seeks no obiection of landlord on lv to verify that the Dossession of the tenant is autholsed There is no other Duroose behind obtainin q such no ob ection From la ndlord. The landlord cannot prevent the tenant from availino such facility 6t his own cost. nant on It is now well settled orooosition of Iaw that rs a basic ame nitv of which Derson electrici cannot be deorived. Electricitv c nnot be dec! ned to rou nd f ilure r uestio to rssue no obiection ce ificate. All that the landlo itv suoolv a thoritv ts re uired to examine is electri wheth rthea DDlicant for electricitv connection ls ln Be that as it may, the High Court clearly fell in error in quashing the FIR. It cannot be said that fabrication and/or creation of records and/or forging a signature does not constitute an offence under the Indian Penal Code. The High Court completely overlooked the definition of cheating in Section 415 of the It is however made clear that electricitv su DD IPC. qra nted. shall not b e discontinue d. subiect to co m olia nce bv the Res oondents of the terms andconditions of suDolv of the electricit deDartment includino Da m ent electricit of charoes for th e same." b

11. As per the view laid down by the Apex Court in the judgments referred to and extracted above, this Court {* f opines that 8 SN, J \\P 18049 2024 pendency of civil disputes cannot be a ground of electricity power service supply as per for denial Section 43 of the Electricity Act, 2OO3' ,l: -c l i I I L2, Takinq into considerat'on (a) The facts and circumstances of the case' (b) The sanction memo No' SE/OP/HBG/COMML/ DR. No.O8/ 2 4-25, D.No'6 L I 24-25, dated 18'04' 2O24 issued in favour of the petitioner by the 3'd respondent' (c) ' The submissions made by the learned counsel appearing on behalf of respondent Nos'2 to 4 and learned counsel appearing on behalf of respondent Nos'5 to 9' (d) The observations of the Hon'ble Apex Court in the Judgments (referred to and extracted above)' The Writ Petition is disposed of directing the respondent No'4 to consider the request of the petitioner toextendtheelectricityconnectionsasperRegistration Nos.NR9O82439611O4, NR9O8243951136 and NR 908243945179i.e.extensionofsupplyto3Nos'three Phase 5 HP AGL to the petitioner's agriculture property i.e. admeasuring Ac.4.17 Guntas in Survey No'315/E and admeasuring Ac,1.37 Guntas in Survey No'316/E/A total , I I 9 SN, .I wP 18049 2024 admeasuring Ac.6.l4 situated at pratapa Singaram Village Ghatkesar Mandal Medchal-Malkajgiri District. duly considering the sanction memo dated 1g.O4.2O24 issued by the 3'd respondent in favour of the petitioner, and also the views of the Apex Court and the observataons made thereunder in simitar situations as indicated in judgments of the Apex Court (referred to and extracted above) and pass appropriate orders in accordance to law, in conformity with principles of natural justice, within a period of two (2) weeks from the date of receipt of a copy of this order by giving an opportunity of personal hearing to the petationer and respondent Nos.5 to 9, and duly communicate the decasion to the petitioner herein, within a period of two (2) weeks thereafter. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SD/.P. PADMANABHA REDDY TANT REGISTRAR ,// SECTION OFFICER To '1 . The Principal Secretary, Secretariat Buildings, Hyderabad, Power and Energy Department Secretariat State of Telangana at Hyderabad.

2. The Chairman and Managing Director, Southern Power Distribution Company Ltd., Of Telangana, Mint Compound, Hyderabad.

3. The Superintendent Engineer, Southern Power Distribution Company Ltd, Of Telangana, Operation, Habsiguda circle, TGSPDCL; Habsiguda - 500 007' Hyderabad. 't,, 4 ll?ffiilH ?8;"#ii =':';l:,i: :;:|":'+3SH3'"T ll'#$lf""T'il1#: / +*i":tst cP FoR ENERGY, High court ror the state or relangana at " Hvderabad. [OUTI lrl"" #;; dF,it.v.RAMANA, Advocate [oPUC] -^^. X.nEE6 i" Srii r.r.siEeoHni neooY' Advo-cate,[oPUC] 5'#66 i" 6pir s'.innrHARAN' Advocate [oPUC] Two CD CoPir:s {'.'f 5 6 7 8 I SA BS / 'a I 4 \ I Ij I I I (1.C.TOD YA 1P E ST4 r6: Ii 1fl [lAn 2[25 :a !) * ^ \t I ..'\ ', ..- . ... ,.1. . .: - -:--:.-; :'j- *. ,'* HIGH COURT DATED:13 t0212025 \ ORDER *.. .., WP.No'18049 of 2024 DISPOSING OF THE W'P WITHOUT COSTS. k i- ./? /,6 /z, ./9 d !. , -,e