The Court disposed of a writ petition seeking declaration of illegal power disconnection and an interim order for restoration. Upon counsel submissions admitting no notice was given, the Court directed immediate restoration of power subject to future legal compliance.
Direct responders to restore power supply to the subject premises immediately.
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 OFTELANGANA AT HYDERABAD
(Special Original Jurisdiction)
I\iONDAY, THE TWENTIETHDAY OF JUNE TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SRI JUSTICEA.ABHISHEKREDDY
WRIT PETITION NO: 25822 OF 2022
Between:
M/s. Sree Sampath Vinayaka Constructionsand Developers, Rep. by D.laghavaiah, Sy.No.155 and 158, Ameenpur Village, Ameenpurl\rlandal, Sangareddy-Di:!1q! . ...PETITIONER
AND
...RES''NDENTS
Petitlon under Article 226 ol lhe Constitution of Indiapraying that in the circumstances stated in the affidavit filed therewith, the High Courtmay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in disconnecting the power supply connection to the Petitioner Premises (Service Registration No. NR658223444967) at Sy.No.'1 55 and 158 of Ameenpur Village and Mandal, Sangareddy District, as illegal, arbitrary, without following dueprocess of law and violative of Articles 14 of the Constitution of lndia and apart from being violative of principles of natural justice
lA NO: 1 OF 2022
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the Respondents 2 to 4 to restore the Power supply connection to the Petitioner Premises (Service Registration No. NR658223444967) at Sy.No.155 & 158 of Ameenpur Village and Mandal, Sangareddy District,pending final disposal of the main writ petition
Counsel for the Petitioner : SRI K.DURGA PRASAD
Counsel for the Respondent No.'l : GP FOR ENERGY
Counsel for the Respondent Nos.2 to 4 : SRI R.VINOD REDDY
S.C. FOR TSSPDCL
The Court made the following: ORDER
i I
THII HON,BLE SRI JUSTICE A. ABHISHEK REDDY
WRIT PETITION No.25822 of 2022
ORDER:
Hearcl learned counsel for the Petitioner,leamed Government Pleader for Energy appearing forrespondentNo.1, and Sri R.Vinod Reddy, learned Standing Counsel forTSSPDCLappearing for respondent Nos.2 to 4.With theirconsent, the PresentWrit Petition is being disposed o{ at the stage of admissionitseif.
Seeking to declare the actionof the respondentsin disconnecting the power r;upply to the petitioner'spremises (Service Registration No.NR65B223 414967) situateclat SurveyNos.155 and 158 of Ameenpur Village ar.rd Mandal, SangareddyDistrict, as illegal and arbitrary, the petitioner has filed the presentit'rit petition.
Learnecl cottnsel fol the petitionerhas stated that on the application maile by the petitionerfor extensionof power supplyto 1 Nos. 05K\Ar Non-Domestic loadunder LT Category -U, the respondent No.2 has accordedsanction aide Memo dated 04'03'2022' But, thereafter, without issuingany notice and affordingan opportunity of hearing tothe petitioner, the respondentshave skaightaway disconnectedthe powersupply to the subject premises'
\
2
Learned StandingCounsel, on instructions,statesthat due to the civil disputespending betweenvarious parties with regard to the subject property,the authorities have disconnectedthe power supply to the subiectpremises.But, the learnedstanding Counsel has fairly concededthatnonoticewasgiventothepetitionerbefore disconnectingthe power supplyto the subject premises'
Having regard tothe above made submissions,the official respondentsare directed to restore the power supply to the subject premises immediately.It is made clear that in case the official respondentsintends to take any actionagainstthe petitioner, they shall put thepetitioner on notice, afford it an opportunity of hearing and take necessaryaction strictly in accordance with law'
The writ petitionis, accordingly, disposed of There shall be no
order as to costs
Consequently,miscellaneous petitions pending, if any, shall
stand closed.
To
SD/.T.TIRUMALADEVI ASSISTANT REGISTRAR ,TRUE COPY'
t SECTION OFFICER
Z. in6 Olrisi6haiengin"erElect (Operation), Patancheru Division' TSSPDCL' SangareddYDistrict.
,rJ-A
I
HIGH COURT
DATED:2010612022
I
ORDER
':, +,
14:
$ E s T4
q (7
O 2O JUt'l ? t27
D.a *
i, T C i1
WP.No.25822 of 2022
DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
..)-.
€
1 issue framed by the court
Whether to restore power supply connection pending final disposal of the main writ petition considering the lack of prior notice to the petitioner.
2 provisions across 2 enactments
M/s. Sree Sampath Vinayaka Constructions and Developers, Rep. by D. Laghavaiah
The State of Telangana Rep. by its Principal Secretary, Department of Energy
The Divisional Engineer Elect (Operation), Patancheru Division, TSSPDCL
The Assistant Engineer (Operation), Patancheru Rural Section
The Assistant Divisional Engineer (Operation), Patancheru Sub-Division
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
