J. Sanjeeva Reddy v. The State of Telangana

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 pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not providing Extension of Supply 'l No. 5KW Non-Domestic load to the petitioners Plot by No.1 1 5 in Sy.no.137'l and 1372, Cherlapatelguda Khalsha, lbrahimpatnam (V), lbrahimpatnam Division as illegal and arbitrary, in violation of natural justice and violation of the fundamental principles enshrined in the constitution and consequently direct the 3rd Respondents to provide Extension of Supply '1 No. 5KW Non-Domestic load to the petitioners Plot by No. 1 1 5 in Sy.no.1 371 and 1372, Cherlapatelguda Khalsha, lbrahimpatnam (V), lbrahimpatnam Division in the interest of justice. lA NO: 1 OF 2024 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 Extension of Supply lNo. 5KW Non-Domestic load to the petitioners Plot by No,115 in Sy.no.1371 and 1372, Cherlapatelguda Khalsha, lbrahimpatnam (V), lbrahimpatnam Division court pending disposal of main Writ Petition. Counsel for the Petitioner: SRI N.V.R. AMARNATH Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent No.2 & 3: SRI N. SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.28601 OF 2024 ORDER: Heard Sri N.V.R,Amarnath, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Energy, appearing on behalf of the respondent No.1 and Sri N.Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of the respondent Nos.2 and 3.

2. The oetitioner aooroached the Court seekino praver as under: "to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not providing Extension of Supply 1No.5KW Non-Domestic load to the petitioners Plot by No.115 in Sy.No.1371 & t372, Cherlapatelguda Khalsha, Ibrahimpatnam(V), Ibrahimpatnam Division as illegal and arbitrary in violation of natural justice and violation of the fundamental principles enshrined in the constitution and consequently direct the 3'd Respondents to provide Extension of Supply 1No.sKW Non Domestic load to the petitioners Plot by No.115 in Sy.no.1371 & 1372 CherlapatelgudaKhalsha, Ibrahimpatnam (V), Ibrahimpatnam Division in the interest of justice and may pass such other order or orders as this :-- SN,J wP 28601 2024 Hon'ble Court please to pass any order which may deems fit and proper in the circumstances of the case"'

3. The case of the petitioner, in brief, is that the petitioner is the absolute owner and possessor oF the plot No. 115, admeasuring 1111 Sq. yards situated in Cherlapateguda, Ranga Reddy District, having purchased the same through a registered sale deed No' 1674/2004 dated 20.02.2004 and the petitioner applied for an extension of electricity supply lNo.5KW Non-Domestic load to the his plot and paid the required fee Rs. 7,88,036/', and received approval from the Respondent No.3. However, the Respondent No'2 delayed providing the connection, citing objections from third parties, who are claiming ownership and had obtained an interim injunction dated 04.09.2019 in I.A'No.1010 of 2019 in O'S'No'897 of 2019 with respect to the subject land. Aggrieved by the said action of the respondents, the petitioner filed the present writ petition.

4. The counter affidavit has been filed on behalf of the ondent No;.2 and3a nd in Da rticu la r, Daraoraoh No ,4 ol resD id counte r lse xtracted hereu nd er:

4. In reply to the averments made in the affidavit filed in support of the writ petition, it is submitted that the averment that petitioner has purchased open plot bearing -) SN.] wP 28601 202.1 estimate vide No. 115 admeasuring 1111 sq yds in Sy No. 1371 and 1372 of Cherlapatelguda Khalsa, Ibrahimpatnam Village is not to the knowledge of these respondents. It is submitted that petitioner made an application for extension of service connection vide NR 15522773327 and this office has sanctioned the Lr.No. SEP/OPlSaroornagar/Comml./DR No.2ll/23-24, D.No. B9O/23-24 dated 19.5.2023 and the same was intimated to the consumer for payment of Rs. 7,88,036/-. ft is submitted that the consumer has paid the amount of Rs. 7,88,036/- vide DD No. 650545 dated 15.7.2023. Pursuant thereto, Transformer and Poles were erected. However before providing the Service Connection, two persons by name N.Indra Reddy and M.Purushotham Reddy have objected for release of service connection, by claiming that they are the absolute owners of the land in the above survey number' They have also produced a copy of the Ad-Interim Injunction Order granted by the Court of XIV Additional District and Sessions ludge, Ranga Reddy District at LB Nagar in I.A. No. 1010 of 2019 in O.S.No. 897 of 2079 dated 4.9.2019 granting exparte interim injunction in respect of land in Sy No. 1371 & 1372 of Cherlapatelguda Khalsa where petitioner claims to have purchased the open plot. There seems to be some civil litigation pending in respect of the land in question' As there are disputes pending regarding title to the property in question, this respondent addressed a letter to its Law Department and sought clarification as to whether to release the power supply or not, to the Petitioner Since the ooinion of our no ste Ds are Law Deoa rtmen t not vet received SN'J wP 28601 2024 -+ for rel ease of DOW er h ta ken till dat wh le h Court bv fili in o the a bove n on wil be k of serv rce con necti on inf avouro r DE - H n UDDlv. nt he titio n. I sub rnltth at re e f writ Detitione c r s t There are no merits in th€ above writ petition and the same is liable to be dismissed. " of hi Ho

5. A bare perusal of the material document pertaining to the particulars of the plaintiffs and the defendants in suit O'S'No'897 of 2019 filed on the XU Principal District and Sessions Judge' Rangareddy District clearly indicates that the petitioner is not a party to the said suit proceedings referred to in the counter affidavit filed on behalf of respondent Nos'2 and 3 at paragraph No'4' S.LearnedStandingCounse|appearingonbehalfofthe respondent Nos.2- and 3 placing reliance on the averments made at paragraph No.4 of the counter affidavit contends that action will be taken by the respondents for extension of service connection favour of the petltioner as per the directions of this Court'

7. Ta ln int id rat n a) The submissions made by the tearned counsel appearing on behalf of the petitioner and the learned SN.J wP 28601 2024 Standing Counsel for TGSPDCL appearing on behalf of the respondent Nso.2 and 3 and, b) The averments made at paragraph No.4 of the counter affidavit filed on behalf of the respondent Nos.2 and 3 (referred to and extracted above) The writ petitaon is disposed of directing the respondents to consider the request of the petitioner for providing Extension of Supply 1No.SKW Non-Domestic load to the petitioner's Plot bearing No.115 in Sy.Nos'1371 & L372, Cherlapatelguda Khalsha, Ibrahimpatnam (V), Ibrahimpatnam Division in accordance to Law and take a decision on the subject issue, within a period of one ( 1) week from the date of receipt of a copy of this order' 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// SDAT. TIRUMALA DEVI ASSIS ANT REGISTRAR SECTION OFFICER To,

1. The Secretary for Power and Energy Dept., The State of Telangana, Secretariat Buildings, Hyderabad. 2. ihe chairman, Sou"therri Power Distribution Company, TS. Ltd, Ryo. Office of the Law Attache, TGSPDCL, 2nd Floor Corporate Office, [/int Compound, Hyderabad - 500063.

3. The Superintendent of Engineer, Operations Circle, Saroornagar, Autonagar, Hyderabad

4. Ohe CC to SRI N.V.R. AMARNATH, Advocate [OPUC] S. One CC to SRI N. SREEDHAR REDDY, SC FOR TGSPDCL [OPUC] -^ - O. f*o CCs to GP FOR ENERGY, High Court for the State of Telangana' [OUT] 7. Two CD Copies BN BS ?e HIGH COURT DATED:0710212025 ORDER WP.No.28601 of 2024 ilE SIx, .\ 2 0 rEB 2025 + -.a 1 -. --.-- DISPOSING OF THE WRIT PETITION WITHOUT COSTS GT,rB W