Allowed

Y.Santosh Reddy v. The State of Telangana and 5 others

Telangana HC6 Dec 2021WP/15654/2021

Case brief

AI extract

What is this about?

The High Court of Telangana addressed a writ petition seeking declaration and relief against disconnection of electricity connections. The Court observed that the underlying property sale via auction was challenged in a pending writ petition. It directed the power authorities to provide temporary connections to the auction-purchaser-applicant pending the outcome of the challenge while suspending f

What did the court decide?

Directing Respondents Nos. 2 to 5 to provide temporary electricity connections to the petitioner upon application and charge collection, and not to disconnect pending the auction challenge. Respondent

Y.Santosh Reddy Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE T, VINOD KUMAR

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WRIT PETITION NO:^'15654 OF 2021

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Between:

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Y.Santosh Reddy, S/o. Y.Raghava Reddy, Aged 34 years, Occ. Business, R/o.H.No.2-118/5, Plot No.1 15, Venkatrama Nagar, Gajularamaram village, Quthbullapur Mandal, R. R. District.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Department of Energy, Telangana Secretariat, Hyderabad.

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The Southern Power Distribution Company (TSSPDCL), Rep.bv its Chairman and Managing Director, N,4int Compound, Hyderabad.

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The Superintending Engineer (TSSPDCL), Vidyuth Soudha, Somajiguda, Hyderabad

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The Divisional Engineer (TSSPDCL), Kukatpally, Hyderabad

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The Asst. Divisional Engineer (TSSPDCL) Shapurnagar Circle, Hyderabad

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Praveen Kumar Yadav, S/o. P.Chanduru aged 24 years, Occ. Not known, Rl/o.H. No.2-166/ 9, Venkatarama Nagar, Near Suraram X Road, Quthbullapur lVandal, tt4edchal - [/alkajgiri District

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...RESPONDENTS

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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 such appropriate writ, order or direction more so particularly one in the nature of Writ of Mandamus:

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a) to declare the action of the Respondent Nos.4 and 5 herein who are trying to disconnect the Electricity Service connections bearing No.101482308, 101482575, 101482264, 109745023, 109745024, issued to House bearing No.21^'18/5 situated at Venkatarama Nagar, Gajularamaram Village,p Quthbullapur Mandal, Ranga Reddy District, of the petitioner as bad, arbitrary, illegal, high handed, unjust, Violative of principles of natural justice and also in violation of Article 14, 2'1 and 300 A of Constitution of lndia.

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b) and consequentially direct the Respondent No.4 and 5 herein to verify the records and take appropriate steps to enter the name of the Petitioner.

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IA oF 2021

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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 Respondent Nos.4 and 5 herein not to take any coercive steps in pursuance of the complaint raised by Respondent No.6 seeking for dismantlingidisconnection of Service Electric Connections for all 5 Service Nos.101482308, 101482575, 101482264, 109745023, 109745024 granted to the Petitioner's house No.2-1'18l5 situated at Venkatarama Nagar, Gajularamaram Village, Quthbullapur lvlandal, Ranga Reddy District.

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il2il

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20F 2021

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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 4&5 here in to restore the electricity connections bearing service nos.101482308, 101482575, 101482264, 10S745023,109745024, issued to house no 2-11815 situated at Venkatarama Nagar, Gajularamaram Village, Qutbullapur Mandal, R.R.District, immediately.

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fA NO: 3 OF 2021

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Between:

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Praveen Kumar Yadav, S/o. P.Chanduru aged 24 years, Occ. Not known, R/o. H. No.2-'1661 9, Venkatarama Nagar, Near Suraram X Road, Quthbullapur Mandal, Medchal - lValkajgiri District.

¶28

...petitioner

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AND

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Y.Santosh Reddy, S/o. Y.Raghava Reddy, Aged 34 years, Occ. Business, Fl/o.H.No.2-1 1B/5, Plo,t No.115, Venkatrama Nagar, Gajularamaram village, Quthbullapur Mandal, R. R. District.

¶31

The State o1 Telangana,. Rep- by its Principal Secretary, Department of Energy, Telangana Secretariat, Hyderabad.

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The Southern Power Distribution Company (TSSPDCL), Rep.bv its Chairman and Managing Director, Mint Compound, Hyderabad.

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The Superintending Engineer (TSSPDCL), Vidyuth Soudha, Somajiguda, Hyderabad

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The Divisional Engineer (TSSPDCL), Kukatpally, Hyderabad

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The Asst. Divisional Engineer (TSSPDCL), Shapurnagar Circle, Hyderabad

¶36

...Respondents

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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 vacate the interim order granted in W.P.No.15654 ot 2021 dated 91712021 .

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Counsel for the Petitioner: SRl. R. ANURAG

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Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent Nos.2 to 5: SRI R. VINOD REDDy, SC FOR TSSpDCL

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Counsel for the Respondent No.6: SRI M.N. NARASIMHA REDDy

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITIO\ N o.l 5654 of 2021

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ORDER:

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This Writ petition is filed to declare the action of respondent Nos.4 and 5 in trying to disconnect the Electricity Service connection bearing Nos.101482308, 101482575, 101482264, 109745023 and 109745024 issued to House bearing No.2_1l g/5, Venkatarama Nagar, Gajularamaram village, euthbullapur Mandal, Ranga Reddy District.

¶47

Heard learned counsel for petitioner, leamed Government pleader lor Energy appearing for 1" respondent, Sri R.Vinod Reddy, learned Standing counsel appearing for respondent Nos.2 to 5 and Sri M.N. Narasirnha Reddy, learned counsei appearing for 6rh respondent.

¶48

Petitioner conrends that the subject property has been purchased by him under an auction conducted by the Adarsh Cooperative Urban Bank Limited (for short ,the Bank,) which includes Electricity Service connectiolts provided by respondent Nos.2 to 5 and has been regular in payment of charges for the electricity consumed by him. While that being so, the 6th respondent is seeking to disconnect the electrical connections which are instalred in the subject house purchased bv the ' petitioner from the Bank.

¶49

Sri R.Vinod Reddy, learned Sanding Counsel submits that 6'h respondent has fired w.p.No.27075 of 2019 before this court questioning the auction made by the Bank in favour of the petitioner and

¶50

¶51

thus there^{arc intelse civil disputebetweenthe 6th respondentand} petitioner, and^{thatrespondentNos'l to 5} unnecessarilY^beirlg dragged^{into the said disPute'}

¶52

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counsel^{aPPearing lbr} 5. Sri M.N.^{Narasimha Reddy' learned} 6'h responcient^{submits that though the Bank had sold the propertyin an} auction, the^{said auctionhad been challengedby the 6'h respondent'} Pending challenge^{of the said auction' continuationof electrical Service} Connections^{providedto the property while it is in the possessionof} petitioner would^{resultin additionalliabilityon 6th respondent andto} prevent the^{same,he is seekingfor disconnectionof the same'}

¶54

Having regard^{to the submissions made as above'sincethe issue} relating to^{the sale ofthesubjectpropertyby the Bank in the auctionis} under challenge^{before this Court in W'P'No'27075 of 2019'this Courl is} of the opinion^{that it is not proper to expressany view with regard to} claim and^{counter-claimsbeing made by the petiti<lner and 6,h respondent} herein.However,havingelectricalServiceConnectiontotheproperl"y'ir1 which^{petitioner is put in possessionby the Bank uponconducting} auction cannot^{be denied'}

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7 . In view of^{the same,respondentNos.2 to 5 are directed to} disconnect^{the electrical Service Connectionsprovided to the subiect} prope(y standing^{in the name of the 6th respondentand provide} temporary^{connectionto the petitioner upon the applicationbeing made} by him by^{collectingnecessary charges' Upon petitionermaking} application^{seekingtemporary connection in respectof the property'}

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::3::

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respondent^{Nos.2 to 5 shall considerand dispose of the samein} accordance^{with law within a furthel period of two (02) weeks thereafter'} Upon considering^{the said applicationmade by petitioner'the} respondents^{shall disconnectthe service connectionprovided in the name} ofthe^{6'h respondent.}

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It is made^{clear that providingof temporaryelectrical connection} to the^{petitioner by respondentNos'1 to 5 shall not be used/claimed as} creating any^{equitiesin favour ofthe petitioner in the proceeding pending} before this^{Court with regard to the auctionof the subject properfy} conducted^{bY the Bank'}

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g. Subject to^{the abovedirections'this Writ Petitionis disposedof'} No costs.

¶61

Consequently,^{miscellaneouspetitions, pending if any' shall stand} closed.

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SD/-B.SATYAVATHI ASSISTANT^REGISTRAR ,TRUE^COPY/i @

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SECTION^OFFICER

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To, 1. The Principal^{Secretary Department of Energy' State of Telangana' Telangana} 2. Secretariat The Chairman^{HYderabadand Managing Director' Southern Power Distribution Company} .^{qr:tsfl: lhyl L:"flt", Hi/ r?t'.l+l3iiVi d v uths o ud h a' so ma ji g u d a'} Hvderabad

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a rilE"oirlJi""al^{Engineer (TSS PDCL )' Kukatpallv'Hyderabad} s. The Asst. Divisionat^{engll#'tis'#o-c-il,^Si',uprtnagarCircle, Hyderabad} :. ?il: ::i:"51^{5#tg:ru,1i,i3fi1?L?1y:,Lestate or rera nsa n a at H vd era bad}

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c.fil:'igE'ditxiti,xl:ff^{il;??,[?l^-,'"3H""'rJ3#r"r}

¶67

One SPare^CoPY

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11.Two CD^CoPies

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12.One SPare^CoPY CHR

\I,\V

HIGH COURT

DATED:0611212021

ORDER

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¶75

W.P.No.15654 of 2021

¶76

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

¶77

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Y.Santosh Reddy v. The State of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

Y.Santosh Reddy v. The State of Telangana and 5 others

Case brief

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