High Court · 2025

Judgment

4. The State Of Telanoana, _thlough its principat Secretary Electricity Department Having offici at t S Seaietariut fruO"[[]o I ela!_Sa-n? State Southern Power Dis_tribution-Company Limited (TSSpDCL), 6-1-50, Mint CompoundHyderabad - 500 063 Tetanbanl, Executive .E_1gineer, TSSP^DCL Division Offic6. AnandNagar Colony Kairathabad Telanqana - S00004 TSSPDCL Sub-Division Office, Maheshwaram tvlandal, R,R District, Telangana.

...RESPONDENTS Petition under Article 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order, direction or a writ particularly in the nature of writ of |\/andamus declaring that the inaction on part of the respondent No.2 to 4 in not considering the representatioh of the petitioner dated.09-09-2023 for temporary suspension of the new suppry and erectricity connection for the rand in survey No. 181, of Nagaram Village, Maheshwaram Mandal, Ranga Reddy District, is highly illegal arbitrary, contemptuous in nature and unconstitutional. consequently, this Hon'ble court may be please to direct the respondent No.2 to 4 consider the representation of the petitioner da ted.09-09-2023 for temporary suspension of the new supply and electricity connection for the land in Survey No. 181, of Nagaram Village, Maheshwaram lvlandal, Ranga Reddy District, in the interest of justice. I ! : t I i j t t I I I I I 1 i ! I i I lA NOI 10F 2023 Petition under Section 151 CPC praying that in the circums;tances stated intheaffidavitfilednsupportofthepetition,theHighcourtmaybepleasedto direct the responclr:nt No2 to 4 consider the representation of the petitioner dated.09-09-2023 ftrr temporary suspension of the new supply and electricity connection for the land in Survey No. 181, of Nagaram village, Vlaheshwaram Mandal, Ranga Re<iCy District, as per law Counsel for the Petitioner: SRl. MOHAMMADI HAFSA KAHKESHI\N Counsel for the Re:;pondent No'1: GP FOR ENERGY Counsel for the Rr:spondent Nos' 2to4: SRI N' SREEDHAR REDEIY' SC FOR TSSPDCL The Court made th<: following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.29784 of 2023 ORDER: Heard Sri Mohammadi Hafsa, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pteader for Energy. appearing on behalf of respondent No.1 and Sri N.Sreedhar Reddy, learned Standing Counsel appearing on behalf of respondent Nos,2 to 4. 2 The Detitioner aDo ach the Court seekino Dr ver as under: "...to pass an order direction or a writ particularly in the nature of Writ of Mandamus declaring that the inaction on part of the respondent No'2 to 4 in not considering the representation of the petitioner dated 09'09'2023 for temporary suspension of the new supply and electricity connection for the land in Survey No'181, of Nagaram Village. Maheshwaram Mandal, Ranga Reddy District' is highly illegal, arbitrary, contemptuous in nature and u nconstitutional. Consequently, this Honble Court may be please to direct the respoMent No'2 to 4 consider the representation of the petitioner dated 09'09'2023 for temporary suspension of the new supply and electricity connection for the land in Survey No'181, of Nagaram Village, Maheshwaram Mandal, Ranga Reddy District' in the interest of justice." 2 SN, J \\tP 2978r' 2023

3. The car;e of the petitioner in brief is that' as per the endorsement \/ide Lr.No.D/a6712012, dated 06'06'2OL2 and Lr.No.8/34011/2015, dated 11.01.2016 issued by the Tahsildar' Maheshwarar Mandal, the property in Sy'No'181 of llagaram Village is re,.orded as Gairan included in Section 22-A list' As per W.P.No..20269 of 2023, the said property is in prohibited list and this Ccrrrt in W.P.No.B145 of 2005 vide order dated 21.04.2006 uras pleased to grant Status-quo in respect of'the subject land. In consequence to the same, the petitioner made a representatic, r dated 09.09.2023 to the respondent Nos'2 to 4 requesting li)r temporary suspension of new power sLpply and electricity cr)nnections, however, the respondent Nos'2 to 4 failed to consider the said representation till date. Aggrieved by the same, tho petitioner f iled the present writ petition ' The co n 4 resoonden!- No.3 and in oarticular, oaraoraoh No'4 of the n r h o h said countE:-L is extracted hereunder: "4. It is submitted that the petitioner cannot demancl that no service connections should be provided in Sy.N.,.181 and its sub numbers situated in Nagaram Village, l,laheshwaram Mandal, Ranga Reddy Dis;trict' Even ;rr:cording to Section 43 of the Electricity Act, 3 SN, J wP ?97A4 2023

2003. Every distribution licensee shall on an application by the owner or the occup'ler of any premises shall endeavor to provide the service connection. The applicants have to file the above referred documents along with the applications and the same shall be provided if the said application is in compliance with the General Terms and Conditions of Supply provided the applicant pay the stipulated service charges and other expenses."

5. Sri N.Sreedhar Reddy, learned Standing Counsel appearing on behalf of the respondent Nos.2 to 4 by placing reliance on the averments made in the counter affidavit filed on behalf of the respondent No.3, submits that the documents filed by the petitioner indicates that the petitioner is the absolute owner of the land situated in Sy'No.181 of Nagaram Village, Maheshwaram Mandal, Ranga Reddy District, and as per Section 43 of the Electricity Act, 2003, every distribution licensee, shall, on an application by the owner or occupier of any premises, shall entitled to provide the service connection.

6. Ta kino into consider tion: a) The submissions made by the learned Standing Counsel appearing on behalf of the respondent Nos'2 to 4 I a nd, t { o *-,,,U1,0* b) The averments made in the counter affidavit filed on behalf of the respondent No.3, This (ourt opines that the relief as prayed for in the present writ petition cannot be granted in view of the specafic averments made at paragraph No.4 of the counter affidavit filed on behalf of the respondent No.3 (referred to and extracted above), the writ petitaon is dismissed. However, there shall be no order as to costs. As a s;:quel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. , //TRUE COPY// AS :SD/. K. AMMAJI REGISTRAR ON OFFICER

1. One CC to [iRl. MOHAMMADI HAFSA KAHKESHAN Advocate [OPUC] 2. Two CCs to GP FOR ENERGY ,High Court for the State of Telangana at 3. One CC to {iRl. N. SREEDHAR REDDY, SC [OPUC] 4. Two CD Copies Hyderabad IOUTI BM GJP To, \ u( I I I I HIGH COURI- DATED:21 lA,,112025 ORDER WP.No.2978,1of 2023 ,k L) STA16 1H ?6 ilAn 2[25 i '( , {' r.C '-\: : P,.,,j !. DISMISS!NG THE WRIT PETITION WITHOUT COSTS : i ! I f I I I I I I i I i I i