Disposed

Gogineni Rama Krishna, v. The Ts Northern Power Distribution Company Ltd.

Telangana HC5 Sept 2024WP/12968/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the laying of electricity lines on the petitioner's approved layout land without notice. The Court directed the Divisional Engineer to consider the petitioner's representation after affording a personal hearing.

What did the court decide?

Directed Respondent No. 3 to consider petitioner's representation by granting a personal hearing within three weeks.

Gogineni Rama Krishna, Vs The Ts Northern Power… — Property and Title | Telangana HC (2024)

¶1

l32s2l

¶2

¶3

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

¶4

THURSDAY. THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

¶7

WRIT PETITION NO: 12968 OF 2015

¶8

Between:

¶9

Gogineni Rama Krishna, S/o.G. D. Ramaiah, Aged 53 years, Occ ; Business, R/o.Plot No.500, B. N. Reddy Colony, Vanasthalipuram (South), Hyderabad.

¶10

...,,PETITIONER

¶11

AND

¶12

The TS Northern Power Distribution Company Ltd., Rep. By its Chairman and Itilanaging Director, Corporate Offlce, Vidyut Bhavan, Nakkalagutta, Hanam Konda, Warangal District.

¶13

The Superintending Engineer, TSNPDCL, Operation Circle, Ntzamabad, Nizamabad District.

¶14

The Divisional Engineer, Operation, TSNPDCL, Kamareddy,^Nizamabad District.

¶15

The Divisional Engineer, Construction, TSNPDCL, Nizamabad,^Nizamabad District.

¶16

The Assistant Engineer, Operation, TSNPDCL, Kamareddy^{Rural,Nizamabad} District.

¶17

The Assistant Engineer, Construction, TSNPDCL, Kamareddy,^Nizamabad District.

¶18

.....RESPONDENTS

¶19

Petition Under Arlicle 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue any Writ, order or direction more especially one in the nature of Writ of tMandamus declaring the action of the^{Respondentsin forcibly laying} Electricity Lines with Poles in the Petitioners Approved Layout^Landunder l.'P.No.7 1 t2O1 4 lHRO/H l, Dt.31^-05-201 4 and^{L. P. No.50/2015/HRO/H1, Dt 25-03-} 2015 Admeasuring Ac..4 80 Cts and^Ac 4.725 Cts^{covering Sy.Nos.483/3B,5, 2,}

¶20

6, 484, 48411, 5, 533 and 534 of Adloor Grampanchayat, Kamareddy^Mandal, Nizamabad District without issuing any Notice or any Permission from^the Petitioner is illegal, arbitrary and against the Principles of Natural Justice^and consequently direct the Respondents not to Lay any Electricity Lines^including Poles in Petitioners Approved Layout Land (Plots) by duly considering^the Representation of the Petitioner, D1.21^-02-201 5.

¶21

I.A.NO:1 OF 2015^(WVMP.NO :2220 OF 20151

¶22

Between:

¶23

The TS Northern Power Distribution Company Ltd., Rep. By its Chairman^and Managing Director, Corporate Office, Vidyut Bhavan, Nakkalagutta, Hanam Konda, Warangal District.

¶24

The Superintending Engineer, TSNPDCL, Operation Circle. Nizamabad, Nizamabad District.

¶25

The Divisional Engineer, Operation, TSNPDCL, Kamareddy,^Nizamabad District.

¶26

The Divisional Engineer, Construction, TSNPDCL, Nizamabad, Nizamabad District

¶27

The Assistant Engineer, Operation, TSNPDCL, Kamareddy Rural, Nizamabad Distrlct.

¶28

The Assrstant Engineer, Construction, TSNPDCL, Kamareddy, Nizamabad District.

¶29

-.PETITIONERS/RESPONDENTS

¶30

AND

¶31

Gogineni Rama Krishna, S/o.G. D. Ramaiah, Aged 53 years, Occ ; Business, R/o.Plot No.500, B.N.Reddy Colony, Vanasthalipuram (South), Hyderabad.

¶32

.....RESPONDENT/PETITIONER

¶33

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 orders dated 0'l-6-20'15^passed in W.P.No.'12968 of 2015.

¶34

|.A.NO:2 OF 2015^{(WPMP.NO:17055} OF 2015)

¶35

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

¶36

direct the Respondents not to Lay any Electricity Lines including Polesⁱⁿ Petitioneis Approved Layout Land (Plots) under L.P.No.7112014lHRO/H1,^Dt,31- 05-2014 & L. P. No.50/2015/HRO/H1 , D1.25-03-2O'15 Admeasuring Ac.4.80 Cts^& Ac.4.725 Cts covering Sy.Nos.483/38, 5,2,6,484,48411,5,533 & 534 of Adloor Grampanchayat, Kamareddy Mandal, Nizamabad District by duly considering^the Representation of the Petitioner, Dt.21-02-2015^pending disposal of the^above writ petition.

¶37

Counsel for the Petitioner: SRI C.HARI PREETH

¶38

Counsel for the Respondents : SRI ZAKIR ALI DANISH

¶39

The Court made the following ORDER

¶40

(

¶41

HON'BLE MRS JUSTICE^{SUREPALLI NANDA}

¶42

w TPE TION N o.12968 of²⁰¹⁵

¶43

ORDER:

¶44

Heard Sri C. Hari^{Preeth, Iearned counsel} appearing on behalf^{of the petitioner and Sri Zakir Ali} Danish, learned Standing^{Counselappearingon behalf} of the resPondents.

¶45

2 The petitioner approached^{the Court seeking} prayer as under:

¶46

"...to issue any^{Writ, order or direction more especiallyone} in the nature of^{Writ of Mandamusdeclaring the actionof} the Respondents in^{forcibly laying Electricity Lines with} Poles in the Petitioner's^{ApprovedLayout Landunder} L.P.NI,71/2014/HRO/H1,^{Dt.31.05'2014and} L.P.No.50/2015/HRO/H1, Dt'^{25.03'2015 Admeasuring} Ac.4.8O Cts and Ac.4'725^{Cts covering Sy.Nos.483/38,5,} 2, 6, 484, 484/1, 5,^{533 and 534 ofAdtoor} Grampanchayat, Kamareddy^{Mandal, Nizamabad District} without issuing any^{Notice or anY Permissionfromthe} Petitioner is illegal, arbitrary^{and againstthe Principlesof} Natural Justice and^{consequently directthe Respondents} not to Lay any Etectricity^{Lines including Poles in} Petitioners Approved Layout^{Land (Plots) byduly} considering the Representation^{of the Petitioner,Dt'} 21.02.2015 and to^pass such^{other order or orders as this}

¶47

¶48

¶49

Hon'ble Court may deems fit just and proper in the circumstances of the case."

¶50

The case of the petitioner in brief, is that, the petitioner purchased the lands covering Sy.Nos.483/2, 483/38, 49315, 483/6, 484, 484/7 admeasuring Acs.4.BO Cents in Adloor Grampanchayat, Kamareddy Mandal, Nizamabad District through registered sale deeds in the year 2010. Thereafter, the petitioner had also purchased the lands covering Sy.Nos.4B3, 484, 533 and 534 admeasuring Acs.4.725 cents and he has also purchased land admeasuring Ac.5,00 Cts. covering Sy.Nos.534/48, 58, 2, 483/8, 484 and 484/2 in the same village. For the purpose of developing the land, the petitioner approached the District Panchayat Officer, Nizamabad for Demarcation and to fix the boundaries over the said lands and subsequently proceedings in R,C.No.A3l908/2O72, dated 26.03.2013 were issued with the location sketch. Thereafter, the petitioner had applied to the Adloor crampanchayat for grant of layout in his lands and the same was approved for making the land into plots. Accordingly proceedings L.Dis.No.465/2014/HRO/H1, dated 30.06.2014 L.P.No.731201 |HRO/HI were issued for the land admeasuring Ac.5.00 Cts. Another layout permission was

I i

approved by the^{Competent Authority,vide} 31.05.2014, L.Dis.No.42412074/HROlH7,^dated L.P.No.7112014lHRO/H1^{was issued for the land admeasuring} Ac,4.80 Cts and the^{petitioner also appliedfor another layout} permission which was approved vide^proceedings L.Dis.No.26512015/HRO/H1,^{dated 25.03.2015granting} L.P.No.5O/2015/HRO/H1 for the^{land admeasuringAc.4.725} Cts. Thereafter^{the petitioner sold maximum number of plots} to various^persons in^{theapprovedlayouts} L.P.No.71l2014lHRO/H1 and^{L'P.No.50/2015/HRO/H1and} several registrations^{were made in favour of the purchasers'} However, the respondents^{herein withoutany notice and} without the^{petitioner'spermissionstarted to set up 33/11} K.V. Sub Station in Adloor Village,^{and started enterlnginto} the^petitioner's lands and^{forcibly proceededwith digging of} pits for laying poles for laying high tension lines in^{the middle} of the^{petitioner's plotted} area^{land. As such, the petitioner} made a representation on 27.02.20L5^{to the authorities,but} the respondents failed to consider^{the same.Aggrieved by the} same, the present writ^{petitionis filed.}

¶55

PERUS E RECO

¶56

]l: , ., fi!I 11.: :r.r_ .;

¶57

¶58

. -.;

¶59

4. The^petitioner approached the Court seekinq

¶60

interim Draver as under:

¶61

"...to direct the Respondents not to Lay any Electricity Lines including Poles in Petitioner's Approved Layout Land (Plots) under L.P.No.7[/2OI4/HRO/H1, Dt.31-052074 & L.P.No.50/2015/HRO/H1, Dt.25-03-2015 Admeasuring Ac.4.B0 Cts & Ac.4.725 Cts covering Sy.Nos.4B3l38, 5,2, 6, 484, 484/7, 5,533 & 534 of Adloor Grampanchayat, Kamareddy Mandal, Nizamabad District by duly considering the Representation of the Petitioner, Dt.2L-02-2015 pending disposal of the above writ petition and^pass..."

¶62

The interim order dated O1.06.2O1 oassed in favour of the Detitioner in t e Dresent W.P.No.12968 of

¶63

2O15 which is extracted hereunder:-

¶64

" Notice before adm ission. There shall be interim stuy for a^period of two weeks. Post on 15.06.2015."

¶65

5. The cou nter affidavit filed on behalf of^the

¶66

resDondent at DaraoraDh No.6 rea^{s as} under:-

¶67

6, "In reply to Para⁷ It^{is to submitthatthe} 33 KV Rama Reddy Feeder was^put into execution^for feeding 33/11 KV Sub-Station Rama Reddy by erecting lines and poles long ago i,e., more after 45 Years^by the Respondents Company for feeding the^Ramareddy (V). The circumstantial factors with retrospective effect

; Ij

:.i-
(

and the^{power supply status existed in the area} undoubtedly will^{defend its existence sincea long time} back and thus^{make clearthis lingeringdoubt' The} petitioner by silencing^{the passedtimestatusof the} erected lines/poles^{is making all unacceptableexercises} to divert the attention^{of this Hon'bleCourt in his} favour with a^{view to claim credit of filing this writ} petition.

¶73

While this ls^{so, due to heavy rain, gale & wind} the above line^{was damagedcausing extreme} interruption to^{power supply on 23-05-2011'The log} book maintained in^{this regard in respect of 33 KV} feeder of Rama^{Reddy on 23-05-2011will supportthe} disturbed lines^{of powersupply. Whileso. in order to} restore the^{power supply by bringingdislocatedlines} and^poles to^{perfection, estimate was sanctioned vide} Memo No.CElZonelNZB/^{TechfI&D/CYT/SP} LO&M/D.Poles^{& DTR/D.No'96/13,Dated:76-07-2073} and thus 33 KV^{Rama Reddyfeeder was re-erectedand} charged on^{28-04-2015 and load taken on 05-05-2015} and thus the^{log book is being maintained withoutany} break for accountability^{of power supply positionsince} then.

¶74

While so, the^{allegationof the petitionerciting} about the digging^{pits forcibly for erecting poles for} laying High Tension^{lines in the middleof his purported} land area is^{purely a manufacturedtruthwhich will not} hold any^ground to^{find fault with the Respondents} Company. The allegation^{of the petltioner of his making} representation^{purportedly on27-02'2075 raising} objection for the^{abovelaying lines is purely of his} inventory exercise with^{faked facts to which the law} and the departmental^{rules will not support'"}

¶75

i^::'t'"

¶76

It-,:

¶77

It is the specific^{caseof the petitioner that in spite of} petitioner's representation dated^{21.02-2015 addressed to the} respondent No.3^{herein seeking change of alignmentover}

t:a t

.'r'LAil' .. tl

'::

100 feet, Rama Reddy lane pertaining to laying 33/11 K.V. lines passing through the middle of layout L.P. No.7l/2074lHRO/H1, Dt.31.05.2014 and L.P.No. 50/2015/HRO/H 1, dated 25.03.2015 Admeasuring Ac.4.B0 Cts and Ac.4.725 Cts., respectively covering Sy.Nos.483/38, 5, 2, 6, 484, 484/1, 5, 533 and 534 of Adloor Grampanchayat, Kamareddy Mandal, Nizamabad District, the respondents had started to lay 33/11 KV lines without issuing notice to the petitioner.

¶84

Sri Zakir Ali Danish, learned Standing Counsel appearing on behalf of the respondents^{placing reliance at} paragraph No.6 of the counter affidavit (referred to and extracted above) contends that 33 K.V.^{Rama Reddy feeder} was re-erected and charged on 28.04.20L5 and^{load taken} on 05.05.2015 and therefore there is no any^{illegality on the} oart of the resoondents but however the^learned Standino Counsel states that the reoresentation^{of the} petitioner dated 21.02.2015 could be directed to be considered bv the resoondent No,3 herein bv^providino of an oooortu itv of Dersona! hearinq to^{he Detitioner,}

¶85

I TAKING INTO C NSIDERATION:

"':,: .,ra- -

,' O;

I I

a) The aforesaid^{facts and circumstancesof the} case and the^{interim order of this Court dated} favour of the Petitioner^{in the} 01.06.2015 Passedⁱⁿ No.12968 ol^{2OL5, (referred to} present writ Petition and extracted^above),

¶91

b) The^{submissions put forth by the Iearned} counsel appearing^{on behalf of the petitioner and} Iearned Standing^{Counsel appearing on behalfof the} respondents,

¶92

c) The averments^{made at paragraphNo'5 of the} counter affidavit^{filed on behalf of the respondents} which is^{(referredto and extractedabove),}

¶93

The Writ Petition^{is disposedof directing the} resPondent No.3 to consider^{thegrievance ofthe} petitioner as put-forth bY the petitioner vide petitioner's representation^dated 2L-O2.2O15ⁱⁿ accordance^{to law by giving an opportunityof personal} hearing to the Petitioner^{within a period of three (3)} weeks from the^{date of receipt of a copy of this order} and duly communicate^{the decision on petitioner's} representation^{dated 2L.O2.2OL5, to the petitioner'} However, there shall^{be no order as to costs'}

,:.:;

Miscellaneous petitions, if any, pending in this Writ

¶98

Petition, shall stand closed.

¶99

SD/- V.KAVITHA ASSISTANT REGISTRAR //TRUE COPY// CL..

¶100

SECTION OFFICER

¶101

¶102

1, The Chairman and^{lvlanaging Director,TS NorthernPower Distribution} Company Ltd., Corporattoffice,^{Vidyut Bhavan, Nakkalagutta,Hanam} Konda, Warangal District.

¶103

The Superinten'ding^{Engineer, TSNPDCL', Operation Circle,Nizamabad,} Nizamabad District.

¶104

The Divisional Engineer,^{Operation, TSNPDCL, Kamareddy, Nizamabad} District.

¶105

4 The Divisional Engineer, Construction,^{TSNPDCL, Nizamabad, Nizamabad} District

¶106

4 The Assistant Engineer,^{Operation, TSNPDCL, KamareddyRural,Nizamabad} District.

¶107

6 ine Assistant Engineer, Constructton,^{TSNPDCL, Kamareddy, Nizamabad} District.

¶108

7 One CC to SRI C.HARI^{PREETH,Advocate} [OPUC] 8. One CC to SRI ZAKIR^{ALIDANISH,Advocate} [OPUC] 9. Two CD Copies

SA LS

I I i t t I I i

HIGH COURT

DATED:0510912024

)r' a r:J,
a,
i^'
e'rr<br>/ t- ,!J ,$,. 7- ,li"<br>', ll
oI $<br>\ ,t.
r:-
iJ3 i.{ d-

ORDER

WP.No.12968 of 2015

DISPOSING OF THE W.P

WITHOUT COSTS.

I]
ll
<br>

Gogineni Rama Krishna, v. The Ts Northern Power Distribution Company Ltd.

Case brief

What is this about?

What did the court decide?

Gogineni Rama Krishna, v. The Ts Northern Power Distribution Company Ltd.

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

Coram

Case details

Similar cases

Raj Gonda Seva Samithi (Regd.) Vs The State of Telangana

S. Sreenivas Vs The Apsrtc

S.Sreenivas Vs TheAPSRTC.

M.Satyanarayana Murthy Vs D.Madhavi

M/s. Shalivahana Electrical Engineering and Civil Works, Vs The Transmission Corporation of Telangana Ltd.

M/s Sri Venkateshwara Projects Vs The State of Telangana