Jala Dhalakshmi v. The State of Telangana

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more pa(icularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in coming to Sri Dhanalaxmi Ladies Fancy Store, bearing Shop No. 4-9-45911 ' Road No.1 , Vinayak Nagar Colony, Bagh Hayathnagar Mandal, Ranga Reddy District for the purpose of disconnection of the service connection vide SC No. 625505412 to the above rented shop premises of the petitioner simply on the alleged application said to have been filed by the 4th respondent without any notice and opportunity to the petitioner, though the petitioner is the tenant in respect of the above shop premises and where she has been running Ladies Fancy store and further though the payment of electricity charges in respect of the above service connection of clear upto date, as illegal, unlawful, contrary to law and consequently direct the 2nd and 3rd respondents not to disconnect the service connection to the above rented shop premise of the petitioner. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the c'rcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim order directing the 2nd and 3rd respondents not to disconnect the electricity service connection vide SC No. 625505412 b the Sri Dhanalaxmi Ladies Fancy Store, bearing Shop No. 4-9-45911, Road No.'l , Vinayak Nagar Colony, Bagh Hayathnagar Mandal, Ranga Reddy District, pending drsposal of main Writ Petition. Counsel for the Petitioner: SRI M. DAMODAR REDDY Counsel for the Respondent No.1: ASST. GP FOR ENERGY Counsel for the Respondent No.2 & 3: SRI N. SREEDHA,R REDDY, SC FOR TGSPDCL Counsel for the Respondent No.4: - - - - The Court made the following: ORDER * HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITI ON No.25448 oF 2024 ORDER: Heard Sri M.Damodar Reddy, learned counse! appearing on behalf of the petitaoner, learned Assistant Government Pleader for Energy appearing on behatf of the respondent No.1, and Sri N.Sreedhar Reddy, learned standing counset appearing on behalf of the respondent Nos.2 & 3.

2. The petitioner approached the Court seeking prayer as under: ".......to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3'd respondents in coming to Sri Dhanalaxmi Ladies Fancy Store bearing Shop No. 4-9-459/7, Road No 1, Vinayak Nagar Colony, Bagh Hayathnagar Mandal, Ranga Reddy District, for the purpose of disconnection of the service connection vide SC No. 625505412 to the above rented shop premises of the petitioner simply on the alleged application said to have been filed by the 4th respondent without any notice and opportunity to the petitioner though the petitioner is the tenant in respect of the above shop premises and where she has been running Ladies Fancy store and further though the payment of 2 electricity charges in respect of the above service connection of clear up to date, as illegal, unlawful, contrary to law and consequently direct the znd and 3'd respondents not to disconnect the service connection to the abr:ve rented shop premise of the petitioner and pass.... "

3. It is specific case of the petitioner that the respondent Nos.2nd & 3"j came to Sri Dhanalaxmi Ladies Fancy Store bearing Shop No. 4-9-4591L, Road No 1, Vinayak Nagar Colony, Bagh Hayathnagar Mandal, Ranga Reddy District, for the purpose of disconnection of the service connection vide SC No. 625505412 to the above rented shop premises of the petitioner, simply on the alleged application said to have been filed by the 4th respondent without any notice and opportunity to the petitioner, though the petitioner is the tenant in respect of the above shop premises and were petitioner had been running Ladies Fancy store and further though the payment of electricity charges in respect of the above service connection had been cleared up to date. Aggrieved b),the action of the respondent Nos.2 & 3, petitioner filed the present Writ Petition. Yb ./. 3

4. The interim rder ora nted bv this Court on

09.2 2 in W.P o.2 44 of2 4is hereun der:- Sri R.Vinod Reddy, learned standing counsel appearing for respondent Nos.1 to 3 seeks time to file cou nter-affidavit. Learned counsel for the petitioner is permitted to take out personal notice to the respondent No.4 by Registered Post with Acknowledgment Due and file proof of service before the Registry by the next date of listing. The case of the petitioner is that she is the tenant of shop bearing H.No.4-9-45911, Vinayak Nagar Colony, Bagh Hayathnagar, Ranga Reddy District. It is the fufther case of the petitioner that she has obtained the said shop on lease from respondent No.4. As there are disputes between the petitioner and respondent No.4, respondent No.4 being the landlord, has a made a representation before the respondent Authorities for disconnecting the power supply to the electricity connection vide Service No.625505412, through which the petitioner is drawing the power supply to her shop. The grievance of the petitioner is that acting on the representation submitted by respondent No.4, the respondent authorities are taking steps for disconnecting the power supply to the shop where she is \ 4 running a shop under the name and style as "Sri Dhanalakshmi Ladies Fancy Store"' Pending examination of the said issue' there shalt he interim direction to the respondent authorities not to disconnect the power supply to the electricity connection vide Service No.625505412, subject to the petitioner paying the consumption charges to the respondent authorities. PE RUS DTH E RECO D: There 5 a davitfi led on ehalf of to ra os. 3t o5 of the oun the res ond ent os.2& 3 are extracted he reu nder:- 3 4 It is submitted that after receiving the application the 2nd respondent visited the site to initiate dismantling process after recording the final readings in the meter. The petitioner objected for disconnection and inforrned the she is the Tenant of the premises and there: are disputes between her and the 4th respondent in respect of the said tenancy' It is submitted that as the petitioner was found to be in possession of the shop, the application of the 4th respondent to dismantle the service connection was mFztr* 5 rejected and the same was informed to the 4th respondent. 5 It is submitted that this Respondent dismantling the service connection SC.No.625505412 as the petitioner possession of the shop where the connection is situated. is not bearing is in service

6. Learned standing counsel appearing on behalf of the respondent Nos.2 & 3 placing reliance on the averments made in the counter affidavit fited on behalf of the respondent No.2 & 3. submits that the application of the 4th respondent seeking to dismantle the service connection of the petitioner had been duly considered by the respondent Nos. 2 & 3 and the 2nd respondent visated the subiect site to initiate dismantte process after recording the final readings in the meter. ft was found that the petitioner in possession of the subject shop and the application of the 4th respondent seeking to dismantle the said service connection had been rejected and the same was informed to the 4th respondent. -l 6

7. Learn eds ndinq couns I aDDea rrnq on behalf of resDondent Nos.2&3 fu rther subm its that n au ection bearino S.C.No.6 255054 12. as the oetitioner sion of the sho where the subiect se DOSSeS erv! t connection is situated. Learned counsel appearing on behalf of the 8. petitioner does not dispute the submission made by the learned standing counse! appearing on behalf of the respondent Nos.2 & 3. 9 Takinq into conside ration: a) The aforesaid facts and circumstances of the case b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counset appearing on behalf of the respondent Nos.2 & 3. c) The averments made in the counter affidavit filed on behalf of the respondent Nos.2 & 3 in particular para No.s 3 to 5 (referred to and extracted above). 7 Duly considering the averments made in the counter affidavit filed on behalf of the respondent Nos.2 & 3 in particular para Nos 3 to S (referred to and extracted above) that the respondent Authorities are not dismantling the said service connection of the petitioner bearing S.C.No.O255OS41-2. Accordingly, the Writ Petition as closed. However, there shal! be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. \ SD/.S. MALLIKARJUNA RAO ASSIS NT REGIST //TRUE COPY// CTION OFFICER One CC to SRI M. DAIUODAR REDDY, Advocate loPU

2. One CC to SRI N. SREEDHAR REDDY, SC FOR TGSPDCL [OPUCj 3. Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT] 4. Two CD Copies \ To, 'l BN @i- I I CC TODAY HIGH COURT DATE D : 1 210212025 ORDER WP.No.25448 of 2024 /t( r:r l-, it) \ .,,),, I STAIE { Y 17 \',\F. ?ffi d (. n tr,:: i i :S =J.i.'rt' CLOSING THE WRIT PETITION WITHOUT COSTS