Katakam Laxmi v. its Principal Secretary, Energy Department

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueaWritofMandamusoranyotherappropriateWrit,orderor direction, declaring the action of the respondents particularly respondent No-4 in disconnectingtheelectricitysupplytothepetitionershousei.e.,SCNo. 050700264,USC..113827986andSCNo.050oo23o,oSCNo.112995820in Door No. 7_11tstA Bommankunta village Ameenpur mandal, sangareddy District without any violation and intimation to the petitioner which is highly illegal arbitrary and against the principles of natural justice and also violative of Articles 14, 19 and 21 of constitution of India and consequently direct the respondent <*r No 4 to restore the erectricity suppry to petitioner house i.e., sc No. oso7oo264, USC. 113827986 and SC No.05000230, OSC No, 112gg5B2O in Door No.7_ 11l5/A Bommankunta Village Ameenpur mandal, Sangareddy District. and to pass such other order or orders as this Honourabre court may deem fit and proper in the circumstances of the case in the interest of Justice. 1A NO: 1 oF 2024 Petition under section 'r 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the direct the respondent No.4 to restore the erectricity suppry to petitioner house i.e., SC No. 050Z00264, USC. 11,827g*6and SC No.05000230,,eSC No. 112995820 in Door No. 7-1 1/5/A Bommankunta Village Ameenpur mandal, Sangareddy District, during pending disposal of the Writ petition. Counsel for the petitioner : SRt KASIREDDY MOHAN CHANDRA HAS Counsel fdr the Respondent No.1 : Gp FOR ENERGY Counsel forthe Respondent No.2tos : SRt N.SREEDHAR REDDY, SC FOR TGSPDCL Counsel forthe Respondent No.5 : SRI pALLE SRI HARINATH The Court made the following: ORDER ? HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION 0.26993 of 2024 ORDER: Heard Sri Kasireddy Mohan Chandra Has, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Energy, appearing on behalf of respondent No.1, Sri N. Sreedhar Reddy, learrGd Standing Counsel appearing on behalf of respondent Nos.2 to 4 and Sri Palle Sri Harinath, learned counsel appearing on behalf of respondent No.5.

2. The petationer approached the Court seeking prayer as under:- "...to issue a Wrat of Mandamus or any other appropriate Writ, order or direction, declaring the action of the respondents particularly respondent No.4 in disconnecting the electricity supply to the petitioners house i.e., SC.No.050700264, USC: 113827986 and SC.No.05000230, O.S.C.No. 112995820 in Door No.7-ll/5/A Bommankunta Village, Ameenpur Mandal, Sangareddy District without any violation and intimation to the petitioner which is highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, tg and 21 of Constitutiori of Indla and consequently direct the respondent No.4 to restore 2 the electricity supply to petitioner house i.e., -SC No. 050700264, USC: 113827986 and SC No.050Cr0230, OSC No.112995820 in Door No.7-1t/5/A Bommankunta Village, Ameenpur M andal, Sangareddy District and to pass and pass such other order or orders as this Hon,ble Court may der:m fit and proper in the circumstances of the case.,,

3. Brief facts of case are that the petitioner purchased tte property from her vendor vide document No.15398 of 2022 bearing Door No.7-11/5/A, Bommankunta Village, Ammenpur Mandal, Sangareddy District and electricity connect ion was sanctioned by the respondents and the petitioner i:; paying electric bills regularly. Thereafter, respondent No.5 made a complaint against the petitioner and the respondents had disconnected the electricity supply to the subject property without any intimation and notice .to the petitioner. The petitioner made a representation on 23.05.2024 before respondent No.4 to restore the power supply to the said premises, but the respondent Nos.1 to 4 have not taken any action as on date. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. It is the specific case of the petitioner that without issuing notice to the petitioner but by issuing notice to the \ 3 vendor of the petitioner, respondent No.4 had disconnected the electricity su pply to the petitioner's house vide SC.No.050700264, USC: t13827986 and SC No.05000230, OSC No.112995820 in Door No.7-ll/5/A Bommankunta Village, Ameenpur Mandal, Sangareddy District

5. Learned counsel appearing on behalf of the petitioner submits that in view of the fact that no notice had been issued \ to the petitioner, the petitioner could not submit th-e documents evidencing proof of petitioner's ownership in respect of the subject property and the respondents arbitrarily disconnected the power supply to the petitioner's subiect property.

6. Learned counsel appearing on behalf of the petitioner further places reliance on the proceedings Lr. No.AEIOP/PATANCH ERU-RURAL/F. NO./D. N O.t22l 23-24 dated

24.05.2024 of the Assistant Engineer, Operation (TSSPDCL), Patancheru Rural addressed to the Tahsildar Office, Ameenpur Mandal, Sangareddy District, wherein the Assistant Engineer referring to the complaint of the 5th respondent dated

5.02.2024 had sought for clarification from Tahasildar Office with respect to the details pertaining to the absolute owner of Y I a i':i}- 4 f- \ a) house bearing No.7-ll/S/A, admeasuring to an extent of 2BO Sq.Yds, which is equivalent to 234.08 Sq. Mtrs., having ptinth area of 144 Sq. Feet, Bommankunta of Sultanpur Vil age and G.P. Ameenpur Mandal, Sangareddy District, but however without even receiving the clarification as sought for vide the said letter based on the complaint of respondent No,5 dated 05.02.2024 unitaterally, illegally, the 4rh respondent had disconnected the service connection to the petitioner,s house i.e., SC.No.050700264, USC: LL3B27}B6 and SC No.05000230, OSC No.112995820 in Door No.7_LL/5/A Bommankunta Village, Ameenpur Mandal, SangJareddy District.

7. Learned counsel appearing on behalf of respondeirt No.5 placing reliance on the averments made in the r:;ounter affidavit filed by respondent No.5 submits that the petitioner failed to submit proper documents in pursuance to the notice vide Lr.No.AElOPIPATANCHERU-RURAL/F.No./D.No.1 35/24- 25 dated 29.05.2024, therefore, the petitioner is not entitled for any relief in the present writ petition.

8. Sri N. Sreedhar Reddy, learned Standing C,lunsel appearing on behalf of respondent Nos.2 to 4 fairly slrbmits I. r.':' :'. .:il i i- 1 Y 5 that in view of the fact that admittedly as borne on record the notice vide Lr. No.AE/OPlPATANCHERU-RURAL/F. NO./D' NO' 735124-25 dated 29.05.2024 was issued to the vendor of the petitioner and not to the petitioner herein, the matter could be remitted to respondent No.4 for reconsideration of the subject issue for consideration of petitioner's representation dated 23.05.2024 submitted to respondent No'4 seeking reconnection of electricity service connection { S.C.No.050700264, USC: 113827986 and S.C.No'05000230, OSC No.112995820 in Door No.7-ll/5/A Bommankunta Village, Ameenpur Mandal, Sangareddy District by giving reasonable opportunity of hearing to both the petitioner and also respondent No.5 within a reasonable period in accordance to law.

9. 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 and also learned counsel appearing on behalf of respondent No.5.

10. TA NGI D TIO ,: ,l ! o. n 6 a). The submissions made by the learned counsel appearing on behatf of the petitioner, learned Standing Counsel appearing on behalf of respondent Nos.2 to 4 and learned counset appearing on behalf of respondent No.5, b). The contents of the representation dated 23.05.2(J24 of the petitioner addressed to respondent No.4 herein, c). The fact borne on record that the notice Lr.No.AElOPlPATANCHERU-RURAL/F.NO./ D.NO. 13Sl 24-25 dated 29.05.2024 of respondent No.4 had not been issued to the petitioner but issued to the vendor of the petitioner, d). The contents of the letter No.AElOpl PATANcHERU-RURA!/F.NO.:/D.No.9ZL/23-24 dated 21.(J2.2024 e). Lr.No.No.AElOplPATANCHERU_RURAL/F.NO. /D.No.92t/29-24 of the Assistant Engineer, Operation: TSSPDCL, patancheru Rural addressed to the Panchayath Secretary, Gram Panchayat, Dayara dated 24.O5.2024 seeking clarification from the .,L&'.&..;. * l concerned Panchayat, Dayara, but wathout awaitang and without receiving the said clarification from the concerned authority, the fact as borne on record that the power supply to the subject premises had been disconnected on 29.O5.2O24 itself. The rit oetitio is disoosed of di ctinq resDondent No.4 to consi der the orievance of out-forth bv the oetitioner as Detitaoner's re resentatio acco ance to law. in confo rmitv with the orincio les of i ustice bv qivrno rea nable oooortunitvof

23.Os.2024in oetitioner natu ra I n with n a Der!od of two(2)w ks from the date o aso rder and dulv communrcate recel tof D the decision to the However, the re shall be no ord rastoco sts. itaoner and res o-5. Dl, a t Miscellaneous petitions, if any, pending shall stand closed. SDI.T.J AYASREE ASSISTANT RE GISTRAR //,TRUE COPY// ION OFFICER To,

1. The PrinciP a 2 The Man Ltd. TSS Telangana, Hyderabad. PDCL I Secretary, Energy Department' Secretariat Building' State of outh Power Distribution ComPanY Director' Telang ana State Telanga na office at Somaltg uda HYdera bad. 3. The SuPerintendent Engineer' Telang ana State South Power Distribution ComPanY Ltd. TSSP DCL SangareddY' Sangared dy District outh Power Distribution ComPan a State S eenPur Mandal, Sa ngareddY District Telan (v), DYM OHAN CHANDRA HAS, Ad vocate. [O stant Eng PDCL Pata 5. One CC to SRI KASI ThE ASSI Ltd. TSS Am ineer, 4 -S I ;*l

6. Two CCs to Gp FOR ENERGY, High Court for the 7. one cc to sRr N..REEDHAR REDD', sc FoR ,,State 8. one cc to sRpo,_.. 9. Two cD copies. "oo,'*^;; ":::::ltnt'DCL. {ARl NATH' sc FoR TG.PD.L. toPucl [oPuc] of rerangana. [oUTJ BSt(BSK \

5. Une '.,v (v v' ' l L .l HIGH COURT DATED:0610112025 t I ORDER WP.No.26993 of 2024 :/) \d, ')-. .$l \e n.\ a ,\ rl'ti,l ,/ I DISPOSING OF THE WRIT PETITTON WITHOUT COSTS ?"l^(