High Court · 2025

Judgment

4. T.Vinod Kymgr, S/o Late T.Balaiah, Aged about 49 years, Occ Business, C/o Shop No.3, DCCB Comptex, Near N-avodaya lnstitute o? Medical Sclehcii (Hospital), Old Bus Stand Road, Mahabubna!ar, Tetangana-S09001.

5. Mohd.Yousuf, S/o Mahaboob Ali, Aged about 53 Years, OcC Business, C/o Shop No.2, DCCB Complex, Near Navodaya lnstitute of Medical Sciehcds (Hospital), Old Bus Stand Road, Mahabubnagar, Telangana-509001.

6. S/o Syed Yousuf, Aged about 62 Years, Occ Business. C/o Complex, Near Navodaya lnstitute of Medical Sciehces Stand Road, Mahabubnagar, Telangana-SO90O1. 1, , Old Bus

7. P. Mohan, S/o Pedda Chinnaiah Ramillu Business, C/o Shop No.6, DCCB Complex, Medical Sciences Telangana-509001 . (Hospital), Old Bus Stand -Road, Aged Near about 52 Years, Occ lnstitute of

8. B.Prakash, S/o B.Kistaiah, Aged about 51 years, Occ Business, C/o Shoo No.S, DCCB Complex, Near Navodaya lnstitute of Medicai Science'i (Hospital), Old Bus Stand Road, Mahabubnagar, Telingana-S09001.

9. G.Swarogpa Rani, W/o G.Shankaraiah, Aged about 48 years, Occ Business. C/o Shop No.15, DCCB Complex, Near Navodaya lnstitlte of Medicai !91enc9s (Hospital), Old Bus Stand Road, Mahhbubnagar, Telangana- 509001.

10.V.Yadaiah, S/o V.Venkanna, Aged about 54 Years, Occ Business, C/o Shoo No.1 0, DCCB Complex, Near Navodaya lnstitute of Medicai Science's (Hospital),oldBusStandRoad,Mahabubnagar,Telangana-50 1 1. K.Shankaraiah, S/o K.Ampanna, Aged about 65 Years, Occ Business, C/o Shop No.9, DCCB Complex, Near Navodaya lnstitute of Medical .sciences (Hospital), Old Bus Stand Road, Mahabubnagar, Telangana-S09O_01; jri:.:rLljl!d5}5lkii. I r::,.. :. . -1.. i - --..; ,i-j 12'G'Laxminarayana, S/o G.Kistappa, A.g."d about 57 years, Occ Business, C/o Shop No.14,.-DCig Comp-le*,'Near NiroOava lnstitute of Medical Sciences (Hospita r ), ord B us sta nd'R;ab ; n r"nii,r'0."?Jr, t;6b;i_sddo"o r . 13.lfteqar Ahmed Khan, S/o [d.s^qdq1 Khan,4g"d about 57 years, occ &:Ii::?''.!f*"?,"r*l[?;1i,,?"""%cgxs"t,,H*;:#mr[*[H:"# Telangana-S09001.

14.A.S.Emaniyar, S/o A. simon, Age-q about 53 yea.rs, occ Business, c/o shop No'4, DCCB complex, w6ai r.lavooiyi- tnltitut" of Medicat Sciences (Hosp.itar), ord Bus Stand Road, nrrarra-uuErLg;1, r"i;ng"JnJ:btd66r. . AND ..PET!T|oNERS so cieties, B. R.Am beo[a r r'e ta nfa n i'stri" #;;ifi ;t,"ivi!E 6ro] 1- The state of rerangana, Rep. bf.its principar secretary, cooperative 2' The District cooperative central Bank Ltd., R.ep, by its chief Executive officer, Maha bubn agar, Ma hab ubn" g; ioil' a nd District. 3. The Assistant Engineer, TGSpDCL, Mahabubnagar 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 a writ, order or direction, more particutarly one in the nature of a writ of Mandamus, dectaring the action of the Respondent No.2 in addressing a letter dated 03.05.2025 seeking to disconnect the electricity service connections to the shops leased out to the petitioners i.e. Shop Nos.1 ,2,3,4, s, 6,7,8,9, 10, 11, 13, 14, 1s situated in the District co_operative centrar Bank complex, Mahabunagar Town as irtegar, arbitrary, high-handed, viotative of principles of natural justice, Articles 14, 19, and 21of the constitution of lndia, 1950 and the provisions of Electricity Act, 2003 and conslquenly to direct the respondent No'3 not to disconnect the electricity service connection pertaining to the shops of the petitioners i.e. Shop Nos.1 ,2,3,4,5,6, 7,g,g, 10, 11,13, 14, 15 situated in the District co-operative central Bank complex, Mahabunagar lown. i -t i I ,l I I i i i I G lA NO: 1 OF 202s 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 forthwith direct the Respondent No.3 not to disconnect the electricity service connections pertaining to the shops of the Petitioners i.e. Shop Nos.1 ,2,2, 4, s, 6, 7, 8, 9, 10, 11,13, 14, 15 situated in the District co-operative central Bank Complex, Mahabunagar Town, pending disposal of thil present writ petition. Counselfor the Petitioners: SRI CHATTHANYA.K Counsel for the Respondent No.l & 2: GP FOR COOPERATION Counsel for the Respondent No.3: SRI N.SREEDHAR REDDY, SC FOR TGSPDCL The Court made the following: ORDER . ,f:.'r: :;'j,,l'fji :,}::'ii.- l I I I I ! I I I :-{ .-..1 I :-a:- 2J IN THE HIGH COURT FOR THE STATE OF TELANGANA THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A ON 701 1() 2o25 Between: G Shankaraiah & thirteen others The State of Telangana & two others AND ORDER: Petitioner ...Respondents The petitioners have approached this court seeking a declaration that the action of respondent No.2 in addressing a letter dated 03.0s.202s to respondent No.3, requesting disconnection of electricity service connections to the petitioners, Shop Nos.1,2,3,4,5,6,7, g, 9, 10, 11, 13, L4 and 15 located in the District co-operative central Bank comple,., Mahabubnagar, is illegal, arbitrary and violative of Articles 14, tg and 2l of the Constitution of India. The petitioners further seek a consequential direction not to disconnect the electricity supply to their shops. :r li 2

2. Heard Sri K. chaithanya, learned counsel for the petitioners; learned Government Pleader for Cooperation, for respondent Nos.1 and 2 and sri N. sreedhar Reddy, learned Standing counsel for TGSPDCL, for respondent No.3.

3. Learned coui.sel for the petitioners submits that the petitioners are long-standing tenants of respondent No.2 and have been carrying on their businesses for many years after regularly paying rents and electricity charges. He submits that certain eviction suits filed by respondent No.2 are pending before competent Civil Courts, and cluring this pendency, respondent No.2 has allegedly attempted to indirectly evict the petitioners by requesting disconnection of electricity to their shops. He further submits that any such disconnection would cause severe prejudice to the petitioners' livelihood and is violative of principles of natural justice.

4. On the other hand, learned Standing Counsel for respondent No.3 has filed a counter affidavit stating that although a letter dated 03.05.2025 was received from respondentNo.2, respondent No.3 inspected the subject premises and found 12 service connections, of which 10 connections are active afld current , consumlt*ln bitls are being paid regularly. He submits that none /z J of the active electricity connections have been disconnected and there is no proposal to disconnect any such connections so long as electricity bills are regularly paid by the petitioners. He submits that only two service connections (sc Nos. 1720243792 and oL75222532) are under "bill stop" due to non-utilization, not due to any action taken on respondent No.2's request. He further submits that there is no imminent threat of disconnection of power supply to the petitioners'shops, and the writ petition is filed purely on apprehension without any actual violation of rights.

5. In view of the specific stand taken in the counter affidavit by respondent No.3 that electricity supply to the petitioners' shops has not been disconnected and that there is no intention to disconnect the s€une as long as the petitioners continue to pay their electricity charges, the apprehension expressed by the petitioners does not survive for further adjudication. Hence, no cause of action exists for the present writ petition.

6. Recording the categorical statement made by respondent No.3 in his counter affidavit, the writ petition is disposed of, observing that the electricity service connections of the petitioners, shops shall not be disconnected except in accordance with law and upon following due procedure, if any occasion arises in future. No costs. .;'r 4 , i \ Miscellaneous petitions. if any, pending in this writ petition shall stand closed //TRUE COPYII , S. GOWRT SHANKAR SECTION OFFICER To, 1 ]p elncipal .Secretary, Cooperative Societies, State Secretariat, Hyderbbad, State of Telangani. .R.Ambedkar Telangana

2. The Chief Executive Officer, District Cooperative Central Bank Ltd., Mahabubnagar, Mahabubnagar Town anO. Oiitrict. -

3. The Assistant Engineer, TGSpDCL, Mahabubnagar District 4. One CC to SRt CHAITHANYA.K., Advocate tOpUCI 5. one cc to sRt N.SREEDHAR REDDY, sc FoR TGSPDCL topucl 6' Two CCs to GP FOR COOPERATION, High Cou( for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR BS ry/ HIGH COURT DATED i 1011212025 /tD- j- \ ORDER WP.No.37013 of 2025 t () {ii5 s i:.i 't I o o * I I 1 EEC M TCHi-'9 . .re '\,. :" ... DISPOSING OF THE WRIT PETITION, WITHOUT COSTS , \'_ .. -. ,-. ., . 1-r..?{. rl: i\ll;