High Court · 2025

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 pass an orders, or issue any directions or issue any appropfiate writ more particularly in the nature of wRlT OF MANDAIVUS declaring the action of respondents, more particularly the respondent No. 4 in disconnecting the power supply of petitioner' vide service No. 989 in his agricultural land admeasuring nc.i.iO Guntas in Sy.No. 2G7tA3 and Ac. 4.00 Guntas in Sy.No. 267lAO situated at Kachirajugudem Village, Khammam Rural Mandal without considering the explanation ;f the petitioner dated 28102024, without passing any reasoned order in violation of principles of natural justice and in violation of Articles 14 and 21 of constitution of lndia and also in contrary to provisions of the Electricity Act 2003 as being illegal and arbitrary, consequently direct the respondent No.4 to forthwith reinstate- the Electricity connection of the petitioner vide Electricity connection vide service No. 989 in the petitioner subiect property in sy.No- 267tA3 and Ac. 4.0Cr (luntas in Sy.No. 267lA6 situated at Kachiraiugudem Village, Khammam Rural Mandal and (iii) consequently direct the Respondent No. 4 to not to interfere with the subject property in Sy.No. 2671A3 and Ac. '1 00 Guntas in Sy.No.267146 situaled at Kachirajugudem Village, Khammam Rural Mandal lA NO: 1 OF 2024 Petition under liection 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High court may be rreased to direct the respondent No. 4 to forthwith reinstate the Electricity connection of the petitioner vide Electrir;ity connection vide Service No. 989 in the petitioner Subject proerty in Sy.No. 237lA3 and Ac. 4.00 Guntas Sy.No. 267l,46 situated at Kachirajugudem Villaqe, Khammam Rural Mandal pending disposal of main Writ Petition in the intere:st of Justice Counsel for the Petit:oner: SRl. ALLURI DIVAKAR REDDY Counsel for the ResFrondent no.1: GP FOR ENERGY Counsel for the ResF,ondent Nos.2 to 4: SRI ZAKIR ALI DANISH SC FOR TGNPDCL The Court made ther f'ollowing: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION 64OA ot 2024 ORDER: Heard Sri Alluri Divakar Reddy, learned counsel appearing on behalf of the petationer and Sri Zakir Ali Danish, learned Standing Counsel for TGNPDCL, appearing on behalf of the respondent Nos.2 to 4. 2 The Detitioner aooroached he Court seekino orave asr under: "...to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of respondents, more particularly the respondent No.4 in disconnecting the power supply of petitioner vide Service No.989 in his agricultural land admeasuring Ac.7-lO Guntas in Sy.No.267143 and Ac.4-00 Guntas in SV.No.267/A6 situated at Kachirajugudem Village, Khammam Rural Mandal without considering the explanation of the petitioner dated 28.10.2024, without passing any reasoned order in violation of principles of natural justice and in violation of Articles 14 and 21 of constitution of India and also in contrary to provisions of the Electricity Act 2003 as being illegal and arbitrary, consequently direct the respondent No.4 to forthwith reinstate the Electricity connection of the petitioner vide Electricity connection vide Service No.9B9 in the petitioner Subject property in Sy.No.267/A3 and Ac.4-00 Guntas in Sy.No.267lA6 situated at Kachirajugudem Village, Khammam Rural Mandal and (iii) consequently direct the Respondent No.4 to not to interfere with the subject property in Sy.No.267143 and Ac.4-00 Guntas in Sy.No.267146 situated at Kachirajugudem Village, Khammam Rural Mandal and to pass any such other order orders as this 2 Hon'ble Cr:urt may deem fit and proper in the circumsta nces of the case."

3. The case of the petitioner, in brief, is that the petitioner is the owner of agricultural land admeasuring Acs.7-10 Guntas in Sy.No.267143 arrd Acs.4-00 Guntas in Sy.No.267146, situated at Kachirajugudem Village, Khammam Rural Mandal, Khammam District. The Goverrnment of Telangana issued a pattedar passbook vide Khata No.2'.2't and the petitioner has been in possession of the subject land sincr: the date of purchase of the subjept lands from the petitioner's trerndor. On 27.10.2OI8, the petitioner obtained new electricity conntlt:tion vde Service No.9B9, Load of 5 HP for agricultural purposes of the land and has been regularly paying the electricity charge:;. Thereafter, the 4th respondent issued a notice dated 22.10.2024 stating that petitioner had obtained the electricity connection illegally and further directed the petitioner to submit petitioner's explilnation. In consequence to the same, the petitioner submitted detaileri explanation dated 28.10'2024. However, without acknowledging the petitioner's explanation, the 4th respondent disconnected the petitioner's electricity connection on 18.t2.2024 without considering petitioner's explanation dated 28.1O.2024. Aggrieved by the same, the petitioner filed the present writ petition. n'..,.1,.' . .'lrr l' J

4.7 o ide its d 26 2.20 4 r e rob rvrn s "Although the learned Standing Counsel appearing for the responJent Nos.2 to 4ffcNPDCL submits that the rlspondents did not receive the petitioner's reply dated 28.LO.2OL24 to the notice issued by the respondents on 22.t0.2024, the photogiaphs annexed to the writ petition show an om.6. of ihe'respondents receiving a document from the petitioner. The photograPhs. petitioner also features in the said Learned Standing Counsel appearing 'for the TGNPDCL seeks time to take instructions with respect to the photograPhs' List this rnatter on 02.01.2025 as prayed for' c siderinq the fact n h e eti ton rre tioner's electricitv sUD lv forthwlth." h t the reso nden to th e ner' el tm fr r a u r It is represented by the learned counsel appearinq on behalf 5. of the petitioner that in pursuance to the interim order of this Court dated 26.12.2024, tle respondents had restored the electricity power supply to the petitioner's subject premises vrde Service No.gSginrespectofthepetitioner'sagriculturallandadmeasuring Acs.7-10 Guntas in Survey No'267/A3 and Ac'4-00 Guntas in 4 Survey No.267,tl\6, situated at Kachirajugudem Village, Khammam Rural Mandal, K.hammam District.

5. Sri Zakir Ali Danish, learned Standing Counsel for TGNPDCL, appearing on behalf of the respondent Nos.2 to 4 submits that the main grievance of the petitioner is that the explanation of the petitioner dated 28.1O.2024 had not been considered and the respondents had disconnected the service connection of the petitioner unilateratly and illegally and therefore,, respondent No.4 may be directed to consader the explanation of the petitioner dated 28.LA.2O24, in accordance to law and initiate appropriate action as required, under' law.

7. The learnerl counsel appearing on behalf of the petitioner does not dispute ther said submission of the leaned Standing Counsel appearing on behalf of respondent Nos.2 to 4.

8. Takinq int,o consideration: (a) The aforesaid facts and circumstances of the case, and, 5 (b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Standing Counsel for TGNPDCI appearing on behalf of the respondent Nos.2 to 4, The Writ Petitaon is disposed of, directing respondent No.4 to consider the explanataon dated 2tt.LO.2O24 submitted by the petitioner in reply to the Notice/Letter vide Lr.No.AElOPlPallegudem D.No.362 dated 22.10.2024, issued to the petitioner from the office of Assistant Engineer Electrical Operation - TGNPDCL, Pallegudem, and to pass appropriate orders in accordance to law, within a period of three (3) weeks from the date of receipt of the copy of the order and communicate the decision to the petitioner on the said explanation dated 28.1(J.2(J24. However, there shal! 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// SD/. T. TIRUMALA DEVI ASSISTANT REGISTRAR CTION OFFICER To,

1. The Principal Secretary, Energy and Electricity Department, Secretariat Buildings, Hyderabad.

2. The Chairman and Managing Director, Telangana State Power Distribution - 6;p;;t limiteo, Corpoiatdoffice. 36- 50, Mint compound, Hvderabad' 500063, *f J 4 5 6 7 B KKS GJP The Superintend ng Engineer, TGNPDCL, Khammam District. The Assistant E:ngineer, Electrical Operation, TGNPDCL Pallegudem, Khammam Distri:t. One CC to SR ALLURI DIVAKAR REDDY Advocate [OPUC] One CC to SRI ZAKIR ALI DANISH SC FOR TGNPDCL [OPUCI Two CCs to GP FOR ENERGY ,High Court for the State of Telangana Two CD Copies; ,/ HIGH COURT DATED:0210112025 \ ) ORDER WP.No.36408 of 2024 I 1HE S14 r4: oY rS i]5 ll i ii 2[25 (' ,t. l * -, *. !sna rr-Hfi\ ---- DISPOSING C)F THE WRIT PETITION WITHOUT COSTS /z ,,/ z /r,/1 ,/6'