Disposed

Matam Eshwaraiah, v. The State of Telangana

Telangana HC18 Aug 2023WP/20938/2023

Case brief

AI extract

What is this about?

The High Court of Telangana directed respondents to grant a domestic electricity connection to the petitioner, holding that the rejection was discriminatory given that similar houses in the area received power, provided future compliance is ensured pending related litigation.

What did the court decide?

Directing respondents to grant domestic electricity connection to petitioner's house subject to fulfilling conditions and final outcome of pending title dispute.

Matam Eshwaraiah, Vs The State of Telangana — Service and Employment | Telangana HC (2023)

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132521

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

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FRIDAY ,THE EIGHTEENTH^{DAY OF AUGUST} TWO THOUSAND AND^TWENIYTHREE

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PRESENT

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THE HONOURABLE MRS JUSTICE^{SUREPALLI NANDA}

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WRIT PETITION N O: 20938^{OF 2023}

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Between

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Matam Eshwaraiah, S/o. Matam^{Shankaraiah, Aged 37 years,Occ. Business'} Rl/o. H. No.^{'l -68/3,} Gramapanchayat^{llapur Village, AmeenpurMandal,} Sangareddy District.

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...PETITIONER

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AND

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The State of Telangana,^{Rep. by its Principal Secretary, PowerandEnergy} Department, Secretariat, Hyderabad.

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C Southern ha irma n-cu m-Ma Power Distribution naging Director.^{Company TSSPDCL'Ltd.,} of Ground Floor, Telangana,,^ReP Corporate^{. by its} Office, Mint ComPound, HYderabad.

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Southern Power^{Distribution CompanyLtd., of Telangana,,Rep' by its} Superintending Engineer^{(Operations) SangareddyDistrict.}

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The Divisional Engineer,, Operation, DPE,^{TSSPDCL'Patancheru,} Sangareddy Dist

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The Assistant Divisional^{Engineer (Operations),, TSSPDCL' Patancheru} Rural, SangareddY Dist.

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The Tahsildar, Ameenpur^{lvlandal,SangareddyDistrict.}

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,..RESPONDENTS

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Petition under Article 226^{of the constitutionof lndia praying that in the} circumstances statedⁱⁿ the^{affidavit filedtherewith, the High court maybe} pleased to issue a writ, order or^{direction especiallyonein the nature of Writ of} Mandamus declaring^{the actionof the respondentsin re.iecting the applicationof} the Petitioner^{for grant of Domestic Power Supplyto the House bearingNo'} 1-68/3, constructed^{in 160 Sq.yds, in Sy' No 2/, situatedllapur Village'} Ameenpur lvlandal,^{SangareddyDistrict based on the letter of the 6th}

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Respondent as illegal, arbitrary, discriminatory, unconstitutional, and violative of Article 14 and 300-4 of the constitution of lndia consequently set-aside the same by directing the Respondents 2 to 5 to provide Domestic Electricity connection to the Petitioners House bearing No. 1-68/3, constructed in 160 Sq.yds, in Sy. No 2/, situated llapur Village, Ameenpur Mandal, Sangareddy District.

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lA NO: 1 OF 2023

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Petition under section 151 cpc praying that in the circumsJances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.2 to 5 forthwith to grant Domestic Electricity power Connection to the Petitioners House bearing No. 1-6g/3, in Sy. No. .2t, llapur Village, Ameenpur Mandal, Sangareddy District, pending disposal of the present writ petition in the interest of justice.

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Counsel for the Petitioner : SRl. PALLE SRIHARINATH

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Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel forthe Respondent Nos. 2 to 5 : SRI R VINOD REDDY SC FOR TSSPDCL

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Counsel forthe Respondent No.6 : GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE^{SUREPALLI NANDA}

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RIT NN t20

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ORDER:

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Heard Mr.Palle Sriharinath,^{learned counsel} appearing on behalf^{ofpetitionerandlearned} Government^{Pteaderfor Energy appearing on behalfof} Respondent No.1,^{Sri R.Vinod Reddy,learned Standing} Counsel for^{TSSPDCL, appearing onbehalf of} respondent^{Nos.2 to 5 and learnedGovernment Pleader} for Revenue appearing^{on behalf of Respondent No.6.}

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2. PERUSED THE RECORD

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3. The petitioner approached^{the Court seeking the} relief as follows:

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""to issue an appropriate writ, order or direction especially one in the^nature of^{Writ of Mandamus,} declaring the action of the^{respondents in rejecting} the application of the^{petitioner for grant of Domestic} Power Supply to the House bearing^No'1-68/3, constructed in 160^{sq.yards,in Sy.No.2/, situated} Ilapur Village, Ameenpur^{Mandal, SangareddyDistrict} based on the letter^{of the 6th Respondentas illegal,} and arbitrary, discriminatory,^{u nconstitutiona I} violative of Articles^{14 and 300A of the Constitution} of India and^{consequently to set aside the same by} directing the^{RespondentNos. 2 to 5 to provide} Domestrc Electricity^{connection to the Petitioner's} House bearing^{No.1-68/3,constructedin160}

l- a.l
.-

"2'

Sq.yards, in Sy.No.2/, situated Ilapur Village, Ameenpur Mandal, Sangareddy District.,,

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The learned Government pleader for Revenue appearing on behalf of respondent No.6, brings on record the written instructions vide t-r.no.b/SCe212023, dated O9.O8.2O23 issued by the Tahsildar, Ameenpur Mandal, in particutar, paragraph No.2 reads

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as under:

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"In this regard it is to submit that there is a Writ Appeal No.116/2013 against W.p.No.9510 of 2005 is pending disposal on the file of the Hon'ble High Court and the Court in its order in WAMp. NO.265 of 2013, Dated 26.09.2013 has directed the parties or persons. who may be in possession of the subject land, shall not destroy or damage or change the nature and character of the land until passing appropriate orders as a measure of restitution. "

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Learned Government^pleader submits that in view of the fact that the Writ Appeals are pending before this Court in respect of the entire land in Ilapur Thanda of Ameenpur Mandal, Sangareddy District and since there is an order passed by this Court that "there shall not be any structures raised in the said land and the parties or persons shall not destroy or damage or change the nature or character of the land"and in view of the said directions, the Tahsildar,

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)

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Ameenpur Mandal i.e.,^{respondentNo.6 hereinrequested the} Assistant Engineer,^{Electricity Department, Ameenpur i.e., the} respondent No.5^not to^{sanction powerfor newlyconstructed} houses at Ilapur^{village, AmeenpurMandal.}

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6, The tearned counset^{for the petitioner submitted} that several houses^{have been constructed in the said} area and^{power supplyhas been granted tosuch} houses and brings to^{the notice of this Court the letter} of the 5th respondent^{addressedto the 5th respondent} vide letter No.AElOPlPATANCHERU-RURAL/F.No. lD.No.sOl22'23,^{dated 2O.O4.2O22and in particular,} Pargraph Nos.2 and^{3 of the said letter read as under:}

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"You are also informed that as^per the CTCS^of the TSSPDCL, the meters already^{issuedcannot be} removed forcibly when individuals are^residingin the Houses and the due^procedure of^{law has to be} followed."

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Accordingly,^you are informed that^{you along} with your staff^conduct a^{detailedphysical} inspection and^{indicate service connectionsto be} removed and^{also clearlyindicatethe detailsof} H.No., Sy.No.^{etc.,instead of generalizedletter'"}

\dt-

The learned Counsel for the petitioner submits that it is clear in the above letter dated ZO.O4.2OZ2, that the respondents have already granted power connections to several individuals and the petitioner,s application vide No.NR65823935652, dated 19.07.2023 seeking for Domestic Power supply to the House bearing No.1-68/3, constrlcted in 160 sq.yards in Sy.No.2, situated at Ilapur Village, Ameenpur Mandal, Sanga Reddy District has been rejected without any reason.

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When the matter is taken up for hearing, it is submitted by learned counsel for the petitioner that the issue involved in this writ petition is squarely covered by the order dated L0.04.2023 passed by this Court in W.P.No.7443 of 2023 and the same is not disputed by the learned Government pleader for Energy appearing on behalf of Respondent No.1 and Sri R.Vinod Reddy, learned Standing Counsel for TSSpDCL appearing on behalf of Respondent Nos. 2 to 5.

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Taking into consideration the fact that the petitioner has purchased the property and he is also paying house tax to the Gram panchayat and the

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-E*-1=--.'::-.---'. j$\ t, .i. -_.$ __ ! _1-

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,bi'

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petitioner is otherwise eligible for electricity supply, but for the objections of the 5th respondent. The respondents have rejected the petitioner,s apptication on the ground that a dispute is pending before this Court in respect of the said land this Court op:nes ttrat this action of the respondents appears to be discriminative as etectricity connections have been given to several other similarly placed persons. In view of the same, the writ petition is disposed of directing the respondents to grant power connection to the petataoner's House bearing No.l-68/3, constructed in 16O sq.yards in Sy.No.2, situated at Ilapur Viilage, Ameenpur Manda!, Sanga Reddy District provided the petitioner fulfills all other conditions of power supply and the connection so given shall be subject to fina! outcome of the W.A.No.116 of 2O13. However, there shall be no order as to costs.

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Miscellaneous peti tions, if any, pendilg 9[cllEle!tu]pscoSD/.T. TIRUMALA^DEVI ASSISTANIf^EGISTRAR //TRUE COPY// .."tt#* oFFtcER

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\ to'1. ,n" Principal Secretary, Power and Energy Department' State of Telangana' Secretariat,^HYderabad'

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Secretariat,^HYderabad'

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1. The Chairmun-",'-ilin'ging^{Director Southem Power Distribution Company} Ltd., of r"rung,n'l^{i3'dP'Dci' -cro'naFloor' corporateoffice'Mint} ,

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ComPound,^HYderabad Southern^{Power DistributionDistribution}

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ComPound,^HYderabad Southern^{Power DistributionDistribution}

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a. " iXe Hili"il*oi.s-^{E;'gineer(operations)} Cornp"ny^{l-td., of Telangana, SangareddyDistrict}

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The Divisional^{Engineer, Operation,DPE' TSSPDCL' Patancheru'} SangareddY^Dist

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S. itre"nssistint^{Divisional Engineer (Operations)'TSSPDCL'Patancheru Rural'} SangareddY Dist.

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The-Tahsildar,^{Ameenpur Mandal, Sangareddy District'}

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;. o"; Cc to^{snt. PALLE SRIHARINATH, Advocate[oPUC]}

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;. i;; ccs to^{Gp FOR ENERGY,High court for the state of Telangana at} Hyderabad. [OUT]

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s. dr"-cd^{to s'Rl R vtt toD REDDY, sc FoR TSSPDCL'[oPUc]} io.i*" cc. to^{cp FoR REVENUE, High court for the state of Telangana at} Hyderabad. [OUfl

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11.Two CD CoPies

SB BS

I I

HIGH COURT

bAteo:rgtoat2o23

ORDER

WP.No.20938 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Matam Eshwaraiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Matam Eshwaraiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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