Allowed

Smt. Sudireddy Vijaya Laxmi, v. The State of Telangana.

Telangana HC18 Aug 2023WP/20941/2023

Case brief

AI extract

What is this about?

Petitioner sought domestic power connection for a house in Sangareddy District. Respondents rejected application citing pending land dispute. Court found action discriminatory as similar houses received supply, directing connection unless specific legal conditions apply.

What did the court decide?

Directed respondents to grant domestic electricity connection to petitioner's house provided all other conditions are fulfilled, subject to final outcome of pending land dispute case.

Smt. Sudireddy Vijaya Laxmi, Vs The State of… — Service and Employment | Telangana HC (2023)

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

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FRIDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTYTHREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO:20941 OF 2023

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Between

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Smt. Sudireddy Vijaya Laxmi,, Wo. Srinivasulu, Aged 32 years, Occ. Housewife, Rl/o. H. No. 4-61, llapur Thanda, Ameenpur Nlandal, Sangareddy District

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...PETITIONER

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AND

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

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Southern Power Distribution Company Ltd., of Telangana, Rep. by its Chairman-cum-Managing Director. TSSPDCL, Ground Floor, Corporate Office, Mint Compound, Hyderabad.

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Southern Power Distribution Company Ltd., of^' Telangana, Rep. by its Superintending Engineer (Operations) Sangareddy District.

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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 Mandal, Sangareddy District.

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...RESPONDENTS

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Petition under Article 226 ol 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 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. 4-61, constructed in 17't Sq.yds, in Sy. No^'1 19, situated llapur Thanda, Ameenpur lvlandal, Sangareddy District based on the letter of the Respondent as illegal, arbitrary, discriminatory, unconstitutional, and violative of Article^'t 4 and 300-4 of

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the Constitution^{of lndia consequentlyset-asidethe same by directingthe} Respondents^{2 to 5 to provide Domestic Electricity connectionto the Petit_ioner s} House bearing^{No. 4-61, constructedin 1 7 1 Sq.yds,in Sy. No.1 19, situated} llapur Thanda,^{Ameenpur Mandal, SangareddyDistrict.}

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IAN O:1^{OF 2023}

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Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit^{filedin supportof the petition,the High Court may be pleased} court to direct^{the RespondentNo. 2 to 5 forthwilhto grant Domestic Electricity} Power Connection^{to the Petitioner's House bearing No.4-61} ,^{in Sy. No. 119,} llapur Thanda,^{Ameenpur Mandal, Sangareddy District, pending disposalof the} present writ^{petitionin the interest of} !ustice.

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Counsel^{for the Petitioner: SRl. PALLESRIHARINATH}

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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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WRIT PETITIO^{N No.2O941} ot²⁰²³

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o DE R:

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Heard Mr.Palle Sriharinath,^{learned counsel} appearing on behalf^{ofpetitionerandlearned} Government^{Pleader for Energy appearingon behalf of} Respondent No.1,^{Sri R.Vinod Reddy, learnedStanding} Counsel for^{TSSPDCL, appearingonbehalf. of} respondent^{Nos.2 to 5 and learned GovernmentPleader} for Revenue appearing^{on behalf of Respondent No.5.}

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2, PERUSED THE RECORD

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The^{petationerapproachedthe Court seekingthe} relief as follows:

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""to issue an appropriate writ, order or direction especially one in the^{natureof 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^{bearingNo.4-61,} constructed in 17t^{sq.yards,in Sy.No.119,situated} Ilapur Thanda, Ameenpur^{Mandal,Sangareddy} District based on the letter^{of the 6th Respondentas} illegal, arbitrary, discriminatory,^{u n constitutionaI and}

Ereil}.

violative^{of Article14 and 300-A of the Constitution} of India^{and consequentlyset aside the sameby} directing^{the Respondent Nos. 2 to 5 to provide} Domestic^{Electricity connection to the Petitioner's} House bearing^{No.4-61, constructedin 171 Sq.yards,} in Sy.No.119,^{situated Ilapur Thanda,Ameenpur} Mandal,^{SangareddYDistrict."}

¶39

The^{learned Government pleader forRevenue} appearing^{on behalf ofrespondentNo.6, bringson} record the^{written instructions vide Lr.No.B/545-} 2/2023, dated^{O9.08.2O23 issued by the Tahsildar,} Ameenpur^{Mandal,in particular, Paragraph no.2 reads} as under:

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"In this regard it^{is to submitthat thereis a Writ} Appeal^{No.116/2013 againstW.P.No-9510of 2005} is^{pending disposal on the file of the Hon'bleHigh} Court and^{the Court in its order'inWAMP.NO.265 of} 2013, Dated^{26.09.2013 has directed the parties or} persons, who^{may be in possessionof the subject} land, shall^{not destroy or damage or changethe} nature^{and character of the land until passing} appropriate^{ordersas a measure of restitution."}

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Learned^{GovernmentPleader for Revenue submits that} in view of^{the fact that the Writ Appealsare pendingbefore}

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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^{changethe nature} or^character of the land" and^{in viewoF} the^{said directions,the Tahsildar,} Ameenpur Mandal i.e., respondent No.6 herein^{requested the} Assistant Engineer, Electricity Department, Ameenpur i.e.,^the respondent No.5 not to sanction electricity supply to^newly constructed houses at Ilapur^{village,Ameenpur Mandal.}

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The learned counsel for the^petitioner submitted that several houses have been constructed in the^said area and^power supply has been^granted to such houses and brings to the notice of.this Court the letter of the 5th respondent addressed to the 6th respondent vide letter No.AElOPlPATANCHERU-RURAL/F.No. lD.No.SO/22-23,^{dated 2O.O4.2O22, inparticular,} pargraph Nos.2 and 3 reads as under:

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"You are also informed that as per the CTCS of the TSSPDCL, the meters already issued cannot be removed forcibly when individuals are residing in

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-sr

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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 detailed^physical inspection and indicate service connections to be removed and also clearly indicate the details of H.No., Sy.No. etc., instead of generalized letter."

¶51

The learned Counsel for the^petitioner submits that it is clear in the above letter dated 20.04.2022 that the respondents have already^granted electricity^{connections to} several individuals and the^petitioner application^vide No.NR65823935712, dated^{19.07.2023 seeking for Domestic} Power supply to the^petitioner's House bearing^No.4-61, constructed in 171 sq.yards,^{in Sy.No.119,situated at Ilapur} Thanda, Ameenpur^{Mandal, Sangareddy District has been} rejected without any reason.

¶52

When the matter is taken up for hearing, it^{is submitted} by learned counsel^{for the petitloner that the issue involved in} this writ^petition is^{squarely coveredby the order passedby} this Court in^{W.P.No.7443of 2023. The sameis not disputed} by the learned^{GovernmentPleaderfor Energyappearingon} behalf of Respondent^{No.1and Sri R.Vinod Reddy,learned}

Standing Counsel for TSSPDCL appearing on behalf of Respondent Nos. 2 to 5.

¶57

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 petitioner is otherwise eligible for electricity supply, but for the objections of the 5th respondent. The respondents have rejected the petitioner's application on the ground that a dispute is pending before this Court in respect of the said land, this Court opines that this action of the respondents appears to be discriminative as electricity 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 petitioner's House bearing No.4-51, constructed in l7L sq.yards, in Sy.No.119, situated at Ilapur Thanda, Ameenpur Mandal, Sangareddy District, provided the petitaoner fulfills al! other conditions of power supply and the connection so given shall be subject to final

\ i--
.*

outcome of the W.A.No.116 of 2013. However, there

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shal! be no order as to costs.

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Miscellaneous petitions, if any, pending shall stand closed.

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SD/.A.V.S.PRASAD

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HIGH COURT

DATE D: 1 810812023

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¶71

ORDER

¶72

WP.No.20941 ot 2023

¶73

DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

¶74

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Smt. Sudireddy Vijaya Laxmi, v. The State of Telangana.

Case brief

What is this about?

What did the court decide?

Smt. Sudireddy Vijaya Laxmi, v. The State of Telangana.

Case brief

What is this about?

What did the court decide?

What the court decided

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