Dismissed

Gareeb Guide (Voluntary Organization) and another v. Government of Telangana and 2 Others

Telangana HC8 Apr 2022WP/13660/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the denial of an electricity connection. The court held that a valid registered document establishing ownership or tenancy was required, declining to grant the relief prayed.

What did the court decide?

Petitioners directed to file fresh application with registered documents; authority to consider on merits within four weeks.

Gareeb Guide (Voluntary Organization) and another… — Service and Employment | Telangana HC (2022)

¶1

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

¶2

FRIDAY, THE^{EIGHTH DAY OF APRIL} TWO THOUSAND^{AND TWENTY TWO}

¶3

PRESENT

¶4

THE HONOURABLE^{SRI JUSTICE A.ABHISHEKREDDY}

¶5

WRIT P ETITION^{NO:13660 oF 2022}

¶6

Between:

¶7

Gareeb Guide^{(VoluntaryOrganization)' accreditedby theT-elang-ana-State} Lesat Service.^{A,;iii;;'rv- ;;;- Nb 'btSLSA/ACRDT/RR/2015'Dated'} 12.03.2015 n"p^{oy'iiJ'ili".lo;ntMl. G.Brrargavi, Ased.40 Yrs, H/0 7/36'}

¶8

a?h;l Sinrrl'^{st6tes,Mansoora.bad.'LB Naoar' Hvderabad( lemporary} "R;;i";.ri ofri;".- prJi'rlo: 7i. r<inolaxova (V), Iuddchal (M)' N/edchalMalkajgiri^(D))

¶9

G. Suryanarayana^{Murthy,Sio G BhaskaraN/urthv Aqed 58 Yrs'Occ'} Private Emplov"",^{riio'sib "Ri Funiugltta Housing BoardColony' Laxmi} Nivas. I Floor,^{HYderabad- 82}

¶10

...PETlTloNER(S)

¶11

AND

¶12

GovernmentofTelangana'Rep.byitsPrisecretary'DeptofEnergy' Secretariat,^HYderabad.

¶13

2 Southern Power^{Distributioncompanyof Telangana Ltd, (TSSPDCL) through} [r" ili;;;i.;^{birector,o-t -so, Mirit cri mpound, Hvderabad'}

¶14

3 Superintendent^{Engineer(Operations), Ranga Reddy (North) Circle'} TSSPDCL. MEdChAI.

¶15

...RESPONDENTS

¶16

Petition under^{Article226 of the Constitution of lndiapraying that in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueaWrit,orderordirectionmoreparticularlyoneinthenatureof Writ of Mandamus^{declaring the actionof the Respondent Nos 2 and 3 in not} providingnewelectricitypowerConnectiontotheFirstPetitioner.sTemporary RegionalofficeatPlotNo.T2,Kandlakoya(V),Medchal(M),Medchal.Malkajgiri (D)asillegal,arbitrary,violationofSection43(1)ofElectricityAct,2003andarticle 2lofConstitutionoflndiaConsequently,inviewoftheHonourableApexCourt Judgment,daled.O2lOgl20llpassedinCivilAppealNoT5T2of20ll'directthe RespondentNo.2and3toprovidenewelectricityconnectiontotheFirst

¶17

Petitioners Temporary Regional Office at plot No 72, Kandlakoya (V), Medchat (M), Medchal-Malkajsiri (D).

¶18

fA NO: 1 OF 2022

¶19

Petition under section 1s1 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 No 2 and 3 to re-considerthe application, dated. 12lo112022vide No. NR10522555560 of the First petitioner submitted along with (i) Rs 22751 for fee' security deposit etc (ii) sare Deed (Regd) of the petitioner No. 2 (iii) pAN (iv) Leased Deed (v) lndemnity Bond of the petitioner No. .l submitted for the new electricity connection to the First petitioner s Temporary office at plot No.72, Kandlakoya (V), Medchat (M), Medchat-Malkajgiri (D).

¶20

lA NO: 2 OF 2022

¶21

Petition under Section 1s 1 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 No. 1 & 2 to take immediate disciplinary action against the Respondent No. 3

¶22

(i.) BECAUSE the Respondent No. 3 provided new connections to others vide USC No.^'1 1 1 1 17698, 111211952 and 1 13192597 in the same premises, but refused to sanction a new connection to the petitioner

¶23

(ii ) BECAUSE the Respondent No. 3 ignorecl that unregistered agreement can be admitted in evidence and even relied upon by the parties to prove the factum of the tenancy, the terms of the same cannot be used to derogate from the statutory provrsion of Section 106 of the Act

¶24

(iii. ) BECAUSE the Respondent No. 3 ignored that as per the rules of TSSPDCL available in their website:

¶25

A. Ownership Documents (Registered Sale Deed / Gift Deed / Lease Deed)

¶26

B' ln^{case the registered documentsas mentionedare not available'} an indemnity^{non-dind"mnifying the company, needs to be submitted} on^{non-Judicial stamp paperworth Rs 1001}

¶27

counset^{ror the Petitione(s):sRlDR} ?XiElS"u'DE^tNrL)

¶28

CounselfortheRespondentNo'1:GPFoRENERGY counset^{for the RespondentNos. , & 3: sRl} 8J.......1;\tros155B3t'

¶29

The^{Courtmade the following:ORDER}

¶30

¶31

THE HON'BLE SRI JUSTICE A. AI]HISHEK ItI]DDY WRIT PETITION n-o. 13660 ol' 2022

¶32

ORDE,R:

¶33

Heard learned counsel tbr petitioners ar.rd learned Government Pleader for Energy appearine on behalf of the respondent No.1 and learned Standing Counsel appearing for the respondent Nos.2 and 3. With their consent, the pr.esent Writ Petition is being disposed of at the admission stage itself'.

¶34

Challenging tl.re action of tl're respondent Nos.2 and 3 in not ploviding 11e\' electricity power connection to the petitioner No.1's tentporar), Regional Offrce at plot No.72, Kandlakoy,a Village, Medchal Mandal, I,leclchal-.1:rlliajgiri District, the present Writ Petition is llled.

¶35

Learned counsel for the petitioners has stated that the only reason for rejecting the application of the petitioner No.1 for providing electricity service connection to the subject premises is that the lease deed of the petitioner No.l ls not a registered one. The learned counsel has lurther stated tl.rat irrespective of the fact tl-rat whether the lease cleed i" a

¶36

2 AAR, J W.P \o.13660 ol2022

¶37

registered or ultregistered one, the official responder.rts are obligated to provide the service connection to the subject premises as the petitioner No.i is in occupation of the subject premises. Moreover, it is stated that the petitioner No.2, who is the owner of the subject premises, has also given a declaration to thc o1'llcial respondcnts stating that he has no ob-jectior-r lor providing the electricity service connection to the subject premises statir-rg tl.rat I're l.ras already donated the subject land to the petitioner No.l society and that he has executed the lease deed in favour of the petitior.rer No.1 society. The learned counsel has relied on the judgrnent of the Hon'ble Supreme Court in Civil Appeal l,\o.7572 of 2011 dated 02.11.2011.

¶38

Adrnittedly', in tl.re present case, tlte petitioner No.2 is the ou'ner of thc sub.iect prentises ar.rd there is no valid/legal docur.nent filed by the petitioners to show that the sub.ject property has been transfet'red to the petitioner No.l . Irrespective of the f-act that wl.rether the petitioner No.i is the owner or the lessor of the subject premises, without there being any valid/legal document, the electricity SCfVICE

¶39

¶40

,\AR, J w 1,\o.13660 o12022

¶41

¶42

(

¶43

connection cannot^{be granted in favour of the petitionerNo'1} in respect of the^{subject premises, as, the electricity service} connection can oniy^{be granted in the nameof the owner of the} property or an occupier under^{a valid registered document'} Admittedly, the^{petitionerNo.1 does not lTave any registered} sale deed/gift deed or^{leasedeedin his favour as on date.}

¶44

In the afbre-cited^{juclgrnentreliecl on b1' the pctitioners.} the owner had approached^{the ar-rthority concerl.red tbr grant of} service connection. But,^{in the presentcase, the owner ol the} subject premises^{is admittedly, the petitionerNo.2.Unlessand} r-rntil the ou'nership tn respect of the subject^{premises is} transferred to the^{petitioner No.1 thror'rgh a valid registered} document or through registered lease deed,^{the verY} application of the^{petitionerNo.1 to grant electricityservice} connection in its name^is totally^{misplaced and this Cor-rr1 does} not find any infirmity with^{the order of rejectionpassed by the}

aLrthority .

AAR, J W.P.No.l3660 of 2022

¶49

Having regard to the above, this Writ Petition^is disposed of directing the petitioner No.2 to file^{an application} afresh along with necessary^{registered documents, beforethe} authority concerned within^{a periodof two (2) weeksfrom the} date of receipt of^{a copy of this order. In case,the petitioner} No.1 wants the^{Service Connectionin his name'he has to} necessarily^{file a registeredleasedeed in his favour alongwith} the^{applicationfor ServiceConnection'On such application} being^{made, the official t'espondents shallconsiderthe same} and^{pass llecessaryorders on merits' strictiy in accordance} with^{raw, as expeditiousry as possibre,preferably,within a} period^{of four (4) weeks thereof'}