Kandadi Jagjeevan Reddy and 2 others vs State of Telangana and 10 others

[ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 28358 OF 2022 Between: 1.

Kandadi Jagjeevan Reddy, S/o Late K.

Badramma, aged about 60 years, Occ.

Business.

2.

Kandadi Narsimha, S/o Late K.

Badramma, aged about 52 years,.

Occ.

3.

Kandadi Sumanth Reddy, S/o Late K.

Ramreddy alias Ramchandra Reddy, aged about 36 years, Occ.

Private Service.

Petitioner No.1 to 3 are R/o H.No.'18-4-738 Charminar, Hyderabad.

Aliyabad, Bandlaguda, .,.PETITIONERS AND '1.

State of Telangana, Rep. by Principal Secretary (Power and energy), Secretariate, Hyderabad.

Chairman and Manglng Director, Telangana State Southern Power Distribution Company Ltd., Viduthsouda Hyderabad.

Superintendent Engineer( Operations), Telangana State Southern Power Distribution Company Ltd., Rajendranagar Division, Rethibowli, Mehdipatnam, Hyderabad.

4.

Divisional Engineer, Rajendranagar, Opp.

Police Academy, Shivarampally, Rajendranagar, R.

R.

District.

5.

The Assistant Engineer( Operation), Mailardevpally Sector, Telangana State Southern Power Distribution Company Ltd , Mailardevpally, Hyderabad.

6.

M/s.

Pride lndia Mansions, Having Regd.

Office at't8-'14$, G.

M.

Nagar, Kanchanbagh, Santhosh Nagar X Road, Hyderabad, Telangana.

7.

Mohammed Aijaz, S/o.

Late Mohamffied Rahman, Aged about 46 years, Occ.

Business, R/o.

H.No.

204-63114, Chowk, Shah Gunj, Charminar, Hyderabad.

8.

Naseem Alnesa, D/o.

Mahboob Ali Ghouse, Aged about 64 years, Occ.

Household, R/o.

1B-1-350/1 1/53, Yousufian Colony, Chandrayangutta, Hyderabad, Telangana state.

9.

Mahboob Unisa, Wo.

Mohd.

Abdul Rasheed, Aged about 74 years, Occ: Household, R/o.

17-1-1821c155, Mumtaz Colony, Santhosh Nagar, Saidabad, Hyderabad-500059.

10.Husain Bin Ahmed, S/o.

Late Ahmed Bin Saleh, Aged about 57 years, Occ.

Busniess, R/o.

R/o.

17-3-311183, Azmath Nagar, Yakuthpura, Hyderabad, Telangana State. 'l 1 .

SalehBin Mohd, S/o.

Late Mohd Bin Salam, Aqed about 35 years, Occ.

Business, Rlo.

23-3-78, Sultan Shahi, Hlderabad, Telingana State. ...RESPONDENTS I I I Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavil filed therewith, the High Court may be pleased to issue any appropriate Writ, Order or Direction more particularly one in the nature of Writ of lvlandamus declaring the action of the Respondents no.'1 to 5 in not considering and taking any steps in relation to the representations dated 211412022, 131512022, 241512022 and 251512022 of the petitioners herein to remove/ stop the power supply to the Respondents no.

6 to 1'l who are illegally obtained the service connections bearing no.

5105 09571, 5105 09572,-5105 09573, 5105 09585, and 5105 09538 along with other connections on the property of the petitioners' over the land of the Sy.No.

10311 , 103111, 103112 and .10312011 admeasuring Ac.

42.30 Gts at Bandlaguda, Chandrayanagutta, Hyderabad as illegal, arbitrary uncon stitutional and contrary to the provisions to GHMC Act, 1955 and consequentiy direct the respondents No. '1 to 5 immediately stop/ remove illegal power connections by the respondent No.6 to 11 and others. lA NO: 1 OF 2022 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 no.

I to 5 herein to take forth with to initiate action to the representations dated 21 .4.2022, 131512022, 241512022 and 251512022 of the petitioners herein to remove/stop the power supply to the Respondents no.

6 to 1'l as well as of other connections who are illegally obtained service connections bearing no. earing no.

5105 09571 5105 09572, 5105 09573, 5105 09585, and 5105 0953B along with other connections on the property of the petitioners' over the land of the Sy.No.

103/1 , 103111, 103112 and 10312011 admeasuring Ac.

42.30 Qts at Bandlaguda, Chandrayanagutta, Hyderabad as illegal, arbitrary u nconstitutional and contrary to the provisions to Electrity Act and Rules and consequently direct the respondents No.

1 to 5 immediately stop/ remove illegal power connections by the respondent No.6 to 11 and others pending disposal of the above writ petition.

Counsel for the Petitioners: SRI R.BALA SUBRAMANYAM Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 TO 5: SRt R.VINOD REDDY, SC FOR TSTRANSCO Counsel for the Respondent No.6: SRI D.JAGADESHWAR RAO Counsel for the Respondent Nos.7 TO 11 : --- The Court made the following: ORDER I THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI w.P.No.

28358 of 2022 ORDER: In this writ petition, petitioner is seeking a writ of maldamus declaring the action of the respondents No.1 to 5 in not taking any steps on the representations of the petitioner dated 2L.O4.2O22, L3.O5.2O22, 24.05.2022 and 25.O5.2022, to remove/stop the power suppiy to the respondents No.6 to 11, as illegal and arbitrary and to pass such other order or orders.

Learned counsel for the petitioner submitted that the petitioner has made several representations to the respondents No.

1 to 5 to remove the electricity connections given to the illegal constructions made by the respondents No.6 to 11.

Learned Standing counsel appearing for the respondents has filed counter affidavit stating that on receipt of applications from the respondents No.6 to 11 and after verifying the documents and finding that the said documents are in -tompliance with general terms and conditions of I I ----.+r.'.-----e:.tr"*.+'<tlif .,# - 2 PI'D.J w.P.Na.2a3ss of 2022 $upl)ly.

2 $upl)ly. the sr:rvice connections have beer granted and that a1l the service connections are live and the biils are being paid by them regularly.

Learned counsel appearing for the respondents No.6 to 1 1 , submitted that thc respondents have made proper constructions and have obtained the senice connections in accol dance rr ith the iau .

In vierv of the specific grie-vance of the petitioner that the constructions are made illegally and that the connections are not properly given, this Court deems rt fit and proper to perrnit the petitioner to make a fresh representation giving ali the necessary details to the respondents No.4 and 5, who shall consider the same and if necessary give notices to the affected parties i.e., respondents No.6 to 11 and take action thereafter in accordance ivith the provisions of Electricilv Act.

The entire exercise shall be completed withi.n a period of three (3) months from the date of receipt of representation of the petitioner.

To PIWD.J W.P.No.2A3sa of 2O2Z 6.

Accordingly, this writ petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

SD/.G.SIREESH ASSISTANT REGIST //TRUE COPY// SECTION OFFICER State of Telangana, Rep. by Prinicipal Secretary (Power and energy), Secretariate, Hyderabad.

Chairman and Manging Director, Telangana State Southern Power Distribution Company Ltd., Viduthsouda Hyderabad.

Superintendent Enginee(Operations), Telangana State Southern Power Distribution Company Ltd., Rajendranagar Division, Rethibowli, Mehdipatnam, Hyderabad.

Divisional Engineer, Ra.jendranagar, Opp.

District The Assistant Enginee(Operation), Mailardevpally Sector, Telangana State Southern Power Distribution Company Ltd., Mailardevpally, Hyderabad.

ItI/s.

Office at 1B-14-6, G.

Telangana.

Two CCs to GP FOR ENERGY, High Court for the State of Telangana. at Hyderabad. [OUT] One CC to SRI R.BALA SUBRAMANYAM, Advocate [OPUC] One CC to SRI R.VINOD REDDY, SC FOR TSTRANSCO [OPUC] One CC to SRI D.JAGADESHWAR RAO, Advocate IOPUC] Two CD Copies 1 2 3 4 5 tt 7 8. o '10 11 PSK.

SW *.\v I 3 HIGH COURT DATED:0810212023 ORDER WP.No.28358 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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