The High Court · 2025

Judgment

4. EJ.

7. B. The Northern Power Distribution Company Ltd., of Telangana State (TSNPDCL), Rep. by its Chairman and Managing Director, Hyderabad. The Divisional Engineer, Electricity Operations, TGNPDCL, Karimnagar, Karimnagar District. The Superintendent Engineer, Operation Circle, TGNPDCL, Karimnagar, Karimnagar District. The Additional Superintendent Engineer, TGNPDCL, Karimnagar Town, Karimnagar District. The Assistant Engineer, TGNPDCL, Kothapalli Mandal, Karimnagar District. Attepalli Sumalatha, Wo.Kistaiah, aged about 40 years, Occ- house wife, R/o.3-81, Arepally locality, Karimnagar Town, Karimnagar District. Janagama Kavitha, Wo.Devendar, aged about 35 years, Occ-house wife, R/o.Bejjanki Village and Mandal, Siddipet District. Somineni Jyothi, Wo.Venkanna, aged about 32 years, Occ- house wife, R/o.Malkapur Village, Kothapalli (H) Mandal, Karimnagar District. ...RESPONDENTS

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 to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of MANDAMUS declaring the action of the respondents in allofting the illegal electricity connection on the name of respondents 6 to B pertaining to the land of an extent of Ac. t.00 guntas in Sy.No.200 (200/A) situated at Malkapur Village of Kothapalli (H) Mandal, Karimnagar District and also not cancelling the same by considering the representation made by the petitioner dated 1211212024 as illegal, arbitrary and violative of principles of natural justice and apart from being violative of Article 21 of the Constitution of lndia and also violation of Electricity Act and rules consequently direct the respondents 1 to 5 to cancel the illegal electricity connection allotted on the name of respondents 6 to 8 and also direct the said authority to allot the electricity connection to the petitioner. lA NO: 1 OF 2024 Petition u'nder 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 1 to 5 to allot the electricity connection to the petitioner pertaining to the land of an extent of Ac.1.00 guntas in Sy.No.200 (200/A) situated at Malkapur Village of Kothapalli (H) Mandal, Karimnagar District pursuant to the petitioners representation dated 1211212024, pending disposal of the writ petition. Counsel for the Petitioner : SRI P.SAJAN KUMAR Counsel for Respondents: SRI ZAKIR ALI DANISH, SC FOR TGNPDCL The Court made the following: ORDER : HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO. 37tt7 0F 2024 ORDER: Heard Sri P. Sanjan Kumar, learned counsel appearing on behalf of the petitioner and Sri Zakir Ali Danish, learned Standing Counse! for TGNPDCL, appearing on behalf of respondent Nos. 1 to 5.

2. The petitioner approached the Court seeking prayer as under: " ...to issue an appropriate Writ Order or direction more particularly in the nature of Writ of MANDAMUS declaring the action of the respondents in allotting the illegal electricity connection on the name of respondents 6 to 8 pertaining to the land of an extent of Ac.1.O0 guntas in Sy. No.200 (200/A) situated at Malkapur Village of Kothapalli (H ) Mandal, Karimnagar District and also not cancelling the same by considering the representation made by the petitioner dated L2/12/2024 as illegal, arbitrary and violative of principles of natural justice and apart from being violative of Article 21 of the Constitution of India and also violation of Electricity Act and rules consequently direct the respondents 1 to 5 to cancel the illegal electricity connection allotted on the name of respondents 6 to B and also 2 wP 37 n7 2024 direct the said authority to allot the electricity connection to the petitioner and pass....,.

3. The case of the petitioner in brief is that the petitioner is the absolute owner and possessor of land admeasuring Ac.1.15 guntas situated in Sy.No. 200 at Malkapur Village of Kothapally (H) Mandal, Karimnagar District. The petitioner purchased the subject property through registered sale deed dated 31.03.2004 and since then the petitioner had been in peaceful possession and enjoyment of the same. Thereafter the petitioner submitted onrine apprication to the Tahsirdar for issuance of pattadar pass book and title deed vide application No. KA066/E/2O24/OOOB4, dated O4.O3.2O24. Thereafter, the petitioner came to know that the respondent Nos.6 to g, who are daughters of the petitioner,s vendor, illegally got Virasath proceedings No. B/5339/2OL} on their names from the Tahsildar in respect of land to an extent of Ac.1.00 guntas in Sy.No. 2OO/A. The petitioner submitted an application dated 19.O1.2024 for cancellation of new pattadar passbooks and thereafter on 30.04.2024 the petitioner made another application before the respondent Nos.4 and 5 for a[otment of electricity connection in Sy.No. 200/A situated at Malkapur ,l J sNt wP 37117 2024 Village of Kothapalli (H) Mandal, Karimnagar District, however the same was not considered. Subsequently, the respondent authority had illegally allotted electricity connections in favour of respondent Nos.6 to B. Aggrieved by the said action of the respondent authority, the present writ petition is filed.

4. Learned Standing Counsel for TGNPDCL, appearing on behalf of respondent Nos. 1 to 5 submits that the writ petition could be disposed of directing the respondents to consider the application of the petitioner dated 3O.O4.2O24 and also the grievance of the petitioner as put forth by the petitioner vide petitioner's representation dated L2.12.2O24 in accordance to law within a reasonable period by giving due notice and reasonable opportunity to the petitioner and also to the respondent Nos.6 to 8. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Standing Counsel appearing on behalf of respondent Nos.1 to 5. 4 wP 37 tt7 2024

5. Taking into consideration the submissions made by the learned counsel appearing on behalf of the petitioner and learned Standing Counsel for TGNpDCL, appearing on behalf of respondent Nos. 1 to 5, the writ petition is disposed of directing the respondent No.2 to consider the petitioner,s application dated }O.O4.ZO24 and also the representation dated 12.12,2024 made by the petitioner to respondent Nos.1 to 5 in accordance to law, in conformity with principles of natural justice by giving notice and reasonable opportunity of hearing both to the petitioner and also to the respondent Nos.6 to 8 herein and pass appropriate orders on the application of the petitioner dated 3O.O4.2O24 and the representation of the petitaoner dated 12.12.2024 within a period of two (O2) weeks from the date of receipt of a copy of this order and duty communicate the decision on petitioner,s application dated 3O.O4.2O24 and the representation dated I-2.L2.2O24 to the petitioner herein and atso to the respondent Nos.6 to 8. However, there shall be no order as to costs. 5 wP 37 I t7 2f24 As a sequel, the miscellaneous petitions, any, pending in the Writ Petition shall,also stand closed. SD/-V.KAVI HA R ASSISTANT REGIS //TRUE COPY/I SECTION OFFICER To, \ l.TheChairmanandManagingDirector'NorthernPowerDistributionCompany ' iiil, ""ii.r'j 2. The Divisional Engineer, Electricity Operations' TGNPDCL' Karimnagar' grni strt" 1ts'fu e ocl1, Hvde rabad' " Karimnagar District.

3. The Superintendent Engineer, Operation Circle' TGNPDCL' Karimnagar' Karimnagar District. 4, The Additional Superintendent Engineer' TGNPDCL' Karimnagar Town' Karimnagar District.

5.TheAssistantEngineer,TGNPDCL,KothapalliMandal,KarimnagarDistrict' 6. One CC to SRI P.SAJAN KUMAR' Advocate' IOPUC] 7. One CC to SRI ZAKIR ALI DANISH' SC FOR TSNPDCL' [OPUC] 8. Two CD CoPies BSK 6;i'- ,--A HIGH COURT DATED:0210112025 t I x !t J i(J () 2 i FtB 2025 v o 5 * p,rtc$e9 ORDER WP.No.37117 ot 2024 DISPOSING OF THE WRIT PETITION WTHOUT COSTS I3 b {