B. Rakesh Kuma! Aganrual v. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased lo issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents No.'1 to 5 disconnecting the electricity connection from the Petitioners premises bearing No.4-2- 165, Beside Hari lvlasjid, Badichowdi, Hyderabad, under the influence of Respondent No.6, without having any right and without following any due process * of law, inspite of tl^rat the petitioner is regularly paying the electricity bill without any default as ilegar, arbitrary and vioration of principres of naturar justice and consequently direct the Respondents No_.1 to 5 to restore the electrir:ity connection of the Petitioner's prr:mises bearing No.4-2-165, Beside Hari Mas jirj, Badichowdr, Hyderabad. IANO:1OF2 024 Fetition under riection r 51 cpc praying that in the circumstances stated in the affidavit fired in srrpport of the petition, the High court may be preased direct the Respondents N.- r to 5 to restore the erectricity connection of the petitioners premises bearing No 4-2-165, Beside Hari Masjid, Badichowdi, Hyderabad, by considering the representation dated ogt1or2o24 as wefl as onrine apprication vide No.CC90524455931r1 dt.07/10 12024 pending disposar of the above ,&rit petition. Counsel for the Petiti,rner: SRI M. A. H. AMZAD Counsel for the Respondent No.1: AGp FOR ENERGY Counsel for the Respondent Nos.2 to 5: SRI N. SREEDHAR REDDy, SC FOR TGSPDCL Counsel for the Respondent No.6: SMT. CH. SUJATHA The Court made the fc,llowing: ORDER a HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT P ITION No.29216 ol 2024 ORD ER: Heard Sri M.A.H.Amzad, 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 respondent Nos.2 to 5 and Smt.Ch.Suiatha, learned counsel appearing on behalf of respondent No.6. 2 The oetitioner a DDroached the Court se kino praver as under: "...to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents No.1 to 5 disconnecting the electricity connection from the Petitioner's premises bearing No.4-2- 165, Beside Hari Masjid, Badichowdi, Hyderabad under the influence of Respondent No.6 without having any right and without following any due process of law, inspite of that the Petitioner is regularly paying the electricity bill without any default as illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondents No'1 to 5 to ) _,l<a*i4* -.€' -1 2 w.p.No.2e216 of zlY restoi-e the electricity connection oF the petitioners premises bearing No.4. -2-765' Beside Hari Masjid' Badicrrowdi. Hyderabad may creem rit ano propeln: TIj:L:,*::::,T: case, "
3. The .ase of the petitioner in brief is that, the .petitioner i:j a tenant of Mulgi No.4_2_165, Beside Hari Masjid, Bacrch'owdi, Hyderabad and doing business as M/s R.K.Dresses and has been paying monthly rent and electricity bills for over 30 years. However, Respondent No.6, who fcok over the property, stopped issuing receipts and demanderd higher rent. Despite the petitioner,s efforts to pay rent, Respondent No. 6 refused to accept it and falsely compl.,ined to the authorities against the petitioner, resulting in the disconnection of electricity supply to the petitioner,s rented premises. Aggrieved by the same, the petitioner filerj the present a writ petition. T c oa ed tn eri o e o ervtn g SU n er: o t vo ro f d Detitio ner "Taking into consideration made by both learned counsel respondents are directed to consider th su bm issions record, the e request of I I I 3 SN,J w.P.No.2g2LG of 2024 the petitioner for restoration of the electricity connection of the petitioner's premlses bearing No.4-2-165, Beside Hari Masjid, Badichowdi, Hyderabad duly considering the petitioner's representation dated 08.t0.2024 as well as Online application vide No.CC905244559319 dated 07.L0.2024, within two days from today." It is represented by the learned Standing Counsel 5, appearing on behalf of the respondent Nso.2 to 5 upon instructions that the subject issue pertains to the dispute between the petitioner and the respondent No'6 and hence, the respondents may be directed to consider the request df the petitioner to restore the electricity connection of the petitioner's premises bearing No.4-2- 165, Beside Hari Masjid, Badichowdi, Hyderabad duly considering the petitioner's representation dated 08.10.2024 and pass appropriate orders on petitioner's online application vide No.CC905244559319 dated 07.10.2024 within a reasonable period in accordance to law by giving an opportunity of personal hearing to both the petitioner and also the respondent No.6 herein.
6. Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned k behalf of the respsn6snl x SN-J W.P.No.292t6 or 2O;4 Standing Counsel appearing on Nos.2 to 5. 7 Talii nq lnto con a) The submissions made by the learned counser appearing on beharf of the petitioner and the learned S;tanding Counset for TGNpDCL, appearing on behalf of the respondent Nos.2 to 5, b) The interim 25.1O.20it3 passed in (referred to and extracted above), order of this Court dated the present writ petition The writ petition is disposed of directing ihe respondent Nos.2 to 5 to consider the request of the petitioner for restoration of etectricity connection of the petitioner,s premises bearing No.4_2_165, Beside Hari Masji<|, Badichowdi, Hyderabad duly considering the petitioner,s representation dated Og.lO .2024 and pass appr.opriate orders on petitioner,s ontine application vide No.CC9O5244559319 dated O7.1O.2O24 within a period of two(2) weeks from the date of receipt of a copy of this order in accordance to law by giving an opportunity of personal hearing to both the petitioner and also the respondent No.6 and 7,,/' \. .' w.p.No.z9216 of ;!; duly communicate the decision to the petitioner and the respondent No.6. However, there shalt be no order as to costs. As a sequel, the miscellaneous petitions, pending in the Writ petition shali also stand closed. if any, To, //TRUE COPY// AS SD/. N.SRIHARI TANT REGISTRA SECTION OFFICER
1. The Chairman-cum-Managing Director, Telangana State Southern power Distribution Corporation Limited, (TGSpDCL),"Vidyut Soudha, SomaliguJa, Hyderabad. 2. The superintending Engineer, Telangana State southern power Distribution Corporation Linilted, (TGSeDCL), Somajiguda, Hyderabad, T"irng;;;Si;i" 3' The Divisionar Engineer, Terangana State Southern power Distribution Corporation Limited, (TGS pDCL), Begumbazar, nyO"i"UuOlf 4. The Assistant Divisional Engineer, Telangana State Southern power "rJ,ig;'n, Distribution Corporation Limited, (TGSpDtL), Begumbazar, Hyderabad, Telangana State Stut" Hyderabad [OUT]
5. One CC to Sri lV. A. H. Amzad, Advocate [OPUC] 6. Two CCs to Gp for Energy, High Court for the State of Telangana, at 7. One CC to Sri N. Sreedhar Reddy, SC for TGSpDCL[OpUC] I 9n" !! !o Smt Ch. Sujatha, Advocate[opUC] 9. Two CD Copies TJ :r'- --- - -_?-e--....a.rii-i- i I t HIGH COURT' DATED:2910112025 ORDER WP.No.29216 ot 2024 iE slrA r6: (-.,.\ i\ 0 i, rilT 2125 :! -rl J ( q :) -) '4., DISPOSING OF THE WRIT PETITION WITHOUT COSTS /4 /,4 /9 /.r/.t,