The High Court closed the writ petition filed by Flycon Bricks Industries challenging the disconnection of power supply. The Court accepted the submission that the power had been restored by the respondents pursuant to an interim order dated 17.08.2020 and the petitioner remains a tenant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)
TUESDAY, THE FIRST DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 12151 OF 2020
Between:
1V/s.Flycon Bricks. lndustries, Represented by its Proprietor Thumati Laxmi Shylaja, Wio. Sambaiah, Aged 35 years Occ: Business, Rl/o.Venkatrao Nagar Colony, lr/-ed-ak District
...PETITIONER
AND
I The State of Telangana, Represented by its Principal Secretary, Energy, Secretariat Building, Saifabad, Hyderabad 2 The Southern Power Distribution Company of Telangana State Ltd., represented by its Chairman and l\rlanaging Director, Mint Compound, Hyderabad 3 The Superintendent Engineer (Operations), Sangareddy Telangana State Southern Power Distribution Company Limited, Sangareddy District 4 The Divisional Engineer (Operations), Telangana State Southern Power Distribution Company Limited, Patancheru, Sangareddy District ( The Assistant Engineer Operations, Telangana State Southern Power Distribution Company Limited, Ameenpur village, Patancheru l,4andal, Sangareddy 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 particularly one in the nature of a Writ of N,4andamus declaring the action of the 5th respondent in disconnecting the servrce connection bearing No. 0502 06137 in the name of Flycon Brick lndustries in Sy.No.138 situated in Ameenpur village, Patancheru Mandal, Sangareddy District as arbitrary, illegal and withoutjurisdiction, gross misuse ofpower besides violation of Principles of naturaljustice and also contrary to the Provisions of Electricity Act, 2003, and in violation of rights guaranteed under Articles 14, 19 (1) (g) and 300-A of Constitution of lndia, consequently to direct the respondents to restore the power supply to the service connection bearing No. 0502 06'l 37 in the name of Flycon Brick Industries by accepting regular monthly electric consumption charges situated in Sy.No.138 Ameenpur village, Patancheru Mandal, Sangareddy District.
lA NO: 1 OF 2020
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may bepleased to direct
the respondents to restore the power supply to the service connection bearing
No. 0502 06137 in the name of Flycon Brick lndustries by accepting regular monthly
electric consumption charges situated in Sy.No.138 Ameenpur village, Patancheru lr/and al, Sangareddy District.
lA NO: 2 OF 2020
Between:
...PETITIONERS/RESPONDENTS 2 to 5
AND
...RESPONDENT/PETITIONER
...RESPONDENT/RESPONDENT No.'l
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to vacate the interim orders dated 17.08.2020 in l.A.No. 01 ol 2020 in W.P. No. 12151o'f 2020 and dismiss the writpetition.
Counsel for the Petitioner: SRI N. MANOHAR
Counsel for the Respondent No.1: GP FOR ENERGY
Counsel for the Respondent Nos.2 to 5: SRIR. VINOD REDDY, S.C. FOR TRANSCO
The Court made the following: ORDER
I'I I [, I IO\OT, R,\BI,Ii SIII JUSTIC,E K. I,.\KSI I }I,\N
\'ltl'l'PE'l I1 ION \o,l2l5l OI.2020
ORI)EIT:
This Writ Petition is filecl to declare the action o1' the 5'r' rcspontlent llt disconnecting the sen,ice conncction bcaring No.0502 0(rti7 in sun,ey No.l38, situated in Ameenpur village, Patancheru Mandal, Sangareddy District, as arbitrary and illegal
7
in conrpliance of the order dated 17.08.2020 and rcstoration ot'pou,cr
to the petitioner's premises, nothing renrains in the u,'r'it petition to adj ud icate.
'1.Recording the saicl subnlissions o1'thc learnedcounscl Ibr thc pctitioner and the learned counsel fbr the respondents, this Writ Petition is closed.
Miscellaneous petitions pending, if any, shall stand disposed
of. There shall be no order as to costs.
SD/. N.CHANDRASEKHAR RAO ASSISTANTREGIS ,TRUE COPY//
SECTION OFFICER
To, 1 . One CC toSri N, lt/lanohar,Advocate[OPUC] - i. i;; ddsioop ior eneriv,'nig'n Ctjur\lorthe !!a!e.o-f-T9la-nsanaloUrl 6. b;; ddidsl"i n. vi"oo i6oovi s.c.for TRANSCo IoPUC]
ruP
HIGH COURT
DATED:01 10912020
H T4 iE
o() 0 7 sEP 20.20 o
ORDER
WP.No.12151o12020
CLOSINGTHE WRIT PETITION WITHOUTCOSTS
1Dl ]
1 issue framed by the court
Whether the writ petition is maintainable in view of the disposal of the disputed subject matter by the lower electricity authorities.
Flycon Bricks Industries
The State of Telangana
Southern Power Distribution Company of Telangana State Ltd.
The Superintendent Engineer (Operations)
The Divisional Engineer (Operations)
Justice K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
