The High Court · 2025
Case Details
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stitution of India praying that in the therewith, the High Court may be ore particularly one in the nature of the respondents in not providing / ioner Agriculture lands situated in 4 gts) and Sy.No.260 (Ac.16.29 gts) gts situated at Farooqnagar Village y/ and Mandal, Ranga Reddy District without considering the representation dated 01 .08.2024 of the Petitioner is being illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,21 and 300-4 of Constilution of lndia and consequently direct the respondents to provide electricity connection to the Petitioner agricultural lands from the hands by consider the representation dated 01 .O8.2024 in the interest of justice. IANO:1OF 2025 Petition under Section 151 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 respondents to provide electricity connections to the Petitioner Agriculture lands situated in Sy.No.258 (Ac.15.35 gts), Sy No.259 (Ac 3.34 gts) and Sy.No.260 (Ac.16.29 gts) total admeasuring to an extent of Ac.36-18 gts situated at Farooqnagar Village and Mandal, Ranga Reddy District. by considering the representation dated 01 .O8.2024 of the Petitioner, pending disposal of the main writ petition. Counsel for the Petitioner: SRI BOLLU NAGARAJU Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 TO 8: SRI N.SREEDHAR REDDy, SC FOR TGSPDCL The Court made the following: ORDER HONOURABLE SRI JUSTICE N GESH BHEEMAPAKA ORDER: WRIT PETITION No.21 7 of2o25 The brief facts ol the case affidavit filed in support of the n petitioner is the absolute owner agricultural lands admeasuring ,Ac. I 1 Ac.3.34 guntas in Sy.No.259 and Ac. situated at Farooqnagar Villagc an District and eking out his livelitroocl lands. The petitioner claims to have lands b.v u,ay of sarlo-bai.nama, datecl s can be seen from the rt pe[ition are that the and possessor of the 35 guntas in sy.No.25g, .29 guntas in Sy.No.260 Mrrndal, Ranga Reddy by cultivatir-rg the said acquired the above said
04.12.2OO5 through his ssession and enjolrrn6nl f petitione r's father, the father and since then he has been in p of the said lands. Alter the dea th petitioner claims to have succeeded th petitioner approached the revenue offic ais to mutate his name in all revenue records and reques to issue E-pattadar passbook in his name. The revcnue aut orities after conducting enquiry intimated the petitioner that a the said land details in Dharani por[al the time of uploading :rbove said lancls. The the name of his father was misplaced and thus, suggested the petitioner to file online application, which is yet to be fileci. 2 1 NBK, J wp 2103 7 2025
2. The grievance of the petitioner is thal he filed an application dated 01 .Oa.2024 to respondent No.5 seeking electricity connection to his agricultural lands for digging bore well but the respondents have been dodging the mattcr and did not pass any order until today. Hence, the petitioner is challenging the said inaction of the respondents in not providing electricity connection to his agricultural lands.
3. Heard both sides and perused the record.
4. Learned counsel for the petitioner submitted that falher of thc petitioner by name Aleemuddin Siddiqui purchased the subject lands from protected tenants and after the death of his father the petitioner obtained sada-bai nama daled 04.12.2006 alleged to have been executed by K. Venkataiah and K. Narsimhulu in respect of subjec[ lands. The petitioner in support of his contention relied upon 38-E certificate granted in favour of vendors of the petitioner ald also thc order dated i 5. I I .20 14 passed by the Joint Collector, Mahaboobnagar.
5. The petitioner, who alleged to have succecdcd the subject lands after the death of his father, did not make any efforts to validate thc sada-bai-nama dated 04.12.2006 standing in the name of his father in accordance with law. Even as per the orvn 3 NBK, J rvp_21037 2025 version of the Petitioner, though hc approached revenue authorities, he was informed that th name of his father is not at all continuing in dharani portal erely because the vendors of petitioner's father were issued 38 cannot claim rights over the certificate, the Petitioner subject lands through sada-bai-nama dated 04.12.2006' Admittedty, thc Pctitioner did not even file any online applicati n for mutation ol his name in revenue records.
6. Before aPProaching the resp ndents seeking electricitY connection, the petitioner shall esta lish right and title over the subject lands. The Petitioner has ot filed anY documentary evidence to show that he is in Poss ssion and enjoYmen[ of the subject lands. The Petitioner has ot even made his fathcr's vendors or their successors i.e., h lders of 38-tr certificate IN respect of subject lands as Partt s to this u,rit Petitiot't to ascertain as to whether the protect d tenants have transferred the subject lands in favour of petitio er or his father, 7 . The Petitioner is claiming agricultural lands admeasuring Ac the order Passed bY the Joint C ldiscloses that an extent of Ac 1 18 to be in Possessron of
6.18 guntas. A Perusal of llector, Mahaboobnagar, it untas of land u'as acquired .L;141.-- f, --rl \:'-! 4 NBK, J \Yp 21037 _2025 for formation of Shadnagar to Parigi road and the remaining extent of Ac.35.O0 guntas is in possession of the protected tcnant by nerrne Kokku Venkatesh and moreover 38-tr certific:rte ',vas also issucd only to the extent of Ac.35.O0 guntas. Thus, the land as r:laimed by the petitioner in this writ petition is more than the lancl in possession of vendors of petitioner's father. A further perursal o[ the entire order passed by the Joint Collector, Mahaboobnagar, therc is no whisper at all with regard to the allcgc<l sado-bai-nama, dated 04.12.2006. Though the vcndors of the petiti()ncr's lather were issued 38-E certificate in the year 20 15, l-ill <l:rte the pctitioner failed to validate the a[[eged transaction took place between him and his vendors (protected tenants) for thc rcasons best known to him. All these aspecls, raises any irmount of suspicion on the version of petitioner in respect o[ his rights, title and possession over sub-ject lands. In such circunrstances, [he petitioner cannot seek a direction to thc respondr:nts to provide electricity connection for thc purpose of digging br.rrc-u,e ll in subject lands.
8. I'o claim an electricity connection as per the Electricity Act and related regulations, the claimant shall be a bona fidc owner or ocr:upicr o[ the premises with valid proof of owncrship I I 5 NBK. J wp_2 t037 2025 or legal possession of the Premise where the connection is sought. The petitioner neither file any registered sale deed revenue records (pattadar passbook r title deed) nor any other legal document to estatrlish his tit e or possession over thc subject lands. Except filing the sa a-bai-nama, the petitioner failed to lile authenticated or accept blc documentary evidence to substantiate his claim that he acq ired the lands through the protected tenants. Thus, the petitio er failed to fulhll the basrc criteria to secure electricity connectio S. In view of the above facts an crrcumslances and sl nce thc petitioner has misrepresented t e material facts, this Writ Petition is devoid of merits and liable o be dismissecl
10. Accordingly the Writ Petition s dismissed rvith costs of Rs. 10,0OO/- payable to the Telan a High Court Advocates' Association. As a sequei, the miscellaneou petitions pending, i[ anY, shall stand closed. EMORA NDUM co STS Rs. Ps. Costs Quantified by Hon'ble Court- (That ;J":E.tiil;"; herein and Counsel for the illltil"t]" ft iio-"t"o to r"v ri3'5"'il i?s 10.0001 (Rupees ten il fa,JJ; oi ir,L- i"r,nsana High - iaJ5"ItJ. Is.oiiation' tiigh court for the -court Buirdinss' 6[i!"3i i,jri"l-r-";, Hish Hyderabad TOTAL 10,000-00 10,000-00 D SD/- MOHD. ISMAIL REGISTRAR :T* //rRUE coPY// i di"r,o" oFFrcER - -" \ The Telangana High court Advocates Association, nilh court for the state of Telangana, Hyderabad. One CC to SRI BOLLU NAGARAJU, Advocate tOpUCl Two CCs to GP FOR ENERGY, Uign Court foi [n; Stiie of Tetangana, at Hyderabad. [OUTI 9n" Q9 to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL tOpUCl Two CD Copies W \ To 1 Z 2 4 5 PSK. PVL HIGH COURT DATED:2210712025 ORDER \ WP.No.21037 of 2025 oR 1HE S14 I€ ( Q \) o o o '+ ('( =4.. -l 12 AUE zffi D Pa "(: ri-- -1 I I DISMISSING THE WRIT PETITION WITH COSTS 1 i I I I I I l