Disposed

Mohammed Omer v. The State of Telangana

Telangana HC16 Dec 2024WP/20656/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a writ of Mandamus directing the electricity authority to restore an electricity connection suspended due to previous unpaid bills. The court disposed of the petition by directing the Assistant Engineer to consider the petitioner's representation after providing due notice and opportunity of personal hearing.

What did the court decide?

Directing Respondent No.5 to consider the petitioner's representation, provide due notice and hearing to the parties, and communicate the decision on the representation within two weeks.

Mohammed Omer Vs The State of Telangana — Service and Employment | Telangana HC (2024)

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

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MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSANDAND TWENTY FOUR

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO>o656 0 F 2024

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Between:

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Mohammed omer, -S/o rr{glqmlned yousuf, Age about 53 years. occ Business, No 2C-S-264 and 2S5, Oaz:puri. el,ie;aiad'^{- - -- vv,vv'v, v} ...PET!T|ONER AND

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1 . The State of Telanoana, rep through its principal Secretary, Energy ^^{Departmen r Havi n g- off ice jt i-5. Seciliaiiri,'n],o"r"o"o} z. rerangana state Erectncrty Reguratory commis6ion (T.s.E.R.c), sinoareni _^{Bhavan, Nitoufer Road, Red Hiits,} La(di K,^p;t, Hy;jb;;b;.^{"",, v" 'yq'''|,,} 3. The Southern^power Distnbution bompany ot_ietdngana Ltd. (TSSPDCL), Corporate Office, 6-1 -50, Mint CompounO,' UvAeraOJ+SOOOOaI'tn-"br"ei#i"O by its Managing Director)

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The chief Enoiheer TSSPDCL, operation circre, R.R. District, Hyderabad, Telangana

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The Assistant Enoineer, TSSpDCL, Operation Champapet, R.R. District, Telangana.

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8..K.. Enterprises, Rep.by its prop Mahmooda Eanu w/o Mohammed Muzarfar Fl/o No. 15-231/696, Baiapui, R'anga neOOy Oistiict, rC.

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(RG is impleaded as per Court Order dt. 23.05.2024 in t.A. No. 2t2024)

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any appropriate writ, order or direction preferabry writ of Mandamus, declaring the actions of the Respondents in not restoring the electricity connection bearing Meter No. 00162 and USC No. 1104246g1 situated at Plot Nos.696,697, l,tO, a,a 71.1 , in Survey No.^.141, bearing Municipal No. 1S_ 2311696, Gagan vihar corony, Barapur Viilage and tVlandar, Ranga Reddy District, Telangana, forthwith as iilegar, contrary to the Rures and Regurations of the Etectricity Act 2003 and also Violative of Articles 14 and 300-4 of the constitution of lndia and consequently direct the official respondents to restore the electlillty

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connection bearing Meter No. 00162 and USC No. 110424691 situated at plot Nos. 696, 697,710, and 711 , in Survey No. 141, bearing Municipal No. 15_ 2311696, Gagan Vihar colony, Balapur village and Mandal, Ranga Reddy District, Telangana.

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lA NO:^'l OF 2024

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. 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 issue any appropriate writ, order or direction preferably writ of Mandamus, declaring the actions of the Respondents in not restoring the electricity connection bearing Meter No.00162 and USC No. 110424681 sitr.rated at ptot Nos.696,697,710, and 711, in Survey No. 141, bearing Municipal No. 15-231/696, Gagan Vihar colony, BalapUr Village & Mandal, Ranga Reddy District, Telangana, forthwith as illegal, contrary to the Rules and Regulations of the Electricity Act 2003 and also Violative of Articles 14 and 300-4 of the constitution of lndia and consequenfly direct the official respondents to restore the electricity connection bearing Meter No. 00162 and USC No. 110424681 situated at plot Nos. 696, 697, 710, and 711, in survey No. 141, bearing Municipar No. 15-231/696, Gagan Vihar corony, Balapur Viliage & Mandal, Ranga Reddy District, Telangana.

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Counsel for the Petitioner: SRI MUSTAFA BASITH Counsel for the Respondent No.1: AGP FOR ENERGY Counsel for the Respondent No.2: SRI P.PRASAD, SC FOR TSERC Counsel for the Respondent Nos.3 TO 5: SRI R.VINOD REDDY, SC FOR TGSPDCL

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Counsel forthe Respondent No.6: -

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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 PETITION No.20556^0F2024

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OR DER:

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Heard Sri Mustafa Basith, learned^{counselappearingon} behalf of the^{petitioner, learned Assistant Government} Pleader for Energy, appearing^{on behalfof respondentNo'1,} Sri P.Prasad, learned Standing^{Counse! for TSERC, appearing} on behalf of respondent^{No.2 and Sri R-vanodReddy, learned} Standing Counsel for^{TGSPDCL appearing on behalf of} respondent Nos.3 to^5.

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2. ra he Court kin er

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under:

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"...to issue any appropriate^{Writ, Order or direction} preferably Writ of Mandamus,^{declaring the actions of the} Respondents in not^{restoringthe electricityconnection} bearing Meter No.00162^{and USC No.110424681 situated at} Plot Nos.696, 697,^{7LO and 71t, in SurveyNo.141, bearing} Municipal No.15-23U696,^{Gagan Vihar Colony, Balapur} Village and Mandal,^{Ranga Reddy District,Telangana} forthwith- as illegal,^{contrary to the Rules and Regulationsof} the Electricity Act,^{2OO3and also Violativeof Articles 14 and} 300-A of the Constitution^{of India and consequently direct} the Official respondents^{to restorethe electricityconnection} bearing Meter^{No.00162 andUSC No.110424681 situated at} Plot Nos.696,^697, 7lO^{and 711 in Survey No'141, bearing}

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Municipal No.15-231/696, Gagan Vihar Colony,^Balapur Village and Mandal, Ranga Reddy District, Telangana and pass such other order or orders may deem fit and^proper in the circumstances of the case."

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The case of the petitioner in brief is that the^{petitioneris the} absolute owner and^possessor of^{Plot Nos.} 696, 697,710^{and 711} in Sy.No.141 bearing Municipal No.15-231/696, Gagan^Vihar Colony, Balapur Village and^{Mandal, Ranga Reddy District and he} sought for restoration of electricity connection^for the^{property with} Meter No.00162 and USC No.11042468L,^{which was suspended due} to previous owner's unpaid bills. Despite multiple^oral representations and the^petitioner's willingness to^{clear the} outstanding amounts, respondents have not^restoredthe connection.

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It is the specific case of the^petitioner that inspite of^the petitioner's detailed representation dated 24.06.2024 addressed to the respondent No.5 herein^pertaining to^restoration of^electricity for meter bearing No.00162, USC No.110424681 situated at^Plot Nos.696, 697, 7LO and 7tL in Survey No.141, bearing Municipal No.15-231/696, Gagan Vihar Colony, Balapur Village and Mandal,

Ranga Reddy District,^{respondent No.5 has not taken any actionas} ondate.Aggrievedbythesame,thepresentwritpetitionisfiled.

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It is represented^{by the learned counselappearingon behalf} of the^{petitioner that as per the directions of this courtvide its} order dated 23.10.2024,^{petitioner has taken out personal notice to} the respondent^{No.6 and filed proof of service of notice into the} Registry vide U.S.R.No.t[l279^{of 2024'}

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Sri R.Vinod^{Reddy, learned Standing Counsel for} TGSPDCL appearing^{on behalf of the respondentNos'3 to 5} submits that the^{writ petition could be disposedof directing} the respondent^{No.5 toconsider and dispose ofthe} representation^{dated24.06.2024 addressed tothe} respondent No.5^{herein after giving notice to the pet'tioner} and also respondent^{No.5 in accordancewith law w'thin a} reasonable Period.

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Learned counset^{appearing on behalf of the petitioner} does not dispute^{the said submission made by the learned}

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Standing Counsel for TGSPDCL, appearing on

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behalf of the respondents.

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Takinq in cons deration:

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a) The submissions made by the learned counse! appearing on behalf of the^petitioner and the learned Standing Counsel for TGSPDCL, appearing on behalf of the respondent Nos.3 to 5,

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b) The contents of the petitioner's representation dated 24.06.2024 addressed to the respondent No.5 herein ,

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The writ petition is disposed of directing the respondent No.5 to consider the representation of the petitioner dated 24.O6.2024 addressed to the respondent No.5 herein pertaining to restoration of electricity for meter bearing No.OO162 and USC No.11O424681 situated at Plot Nos.596, 697, 71O and 7LL in Survey No.141, bearing Municipal No.15-231/696, Gagan Vihar Colony, Balapur Village and Mandal, Ranga Reddy District, and dispose of the same within a^period of two(2) weeks from the date of receipt of a copy of this order in accordance with law in conformity with the principles of natural justice by giving

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due notice and an^{opportunity of personal hearing to both} the petitioner and^{therespondent No'6 herein and}

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communicatethedecisiononthesaidrepresentationtothe

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petationer. However, there^{shall be no order as to costs'}

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Asa sequel, the^{miscellaneouspetitions,if}

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any,^{pending in the Writ Petition shallalso stand closed'}

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SD/. T. TIRUMALA ASSISTANT REGIS R

//TRUE COPYI/

SECTION OFFICER

1'ThePrincipalsecretary,EnergyDepartmentHavingofficeatT.S.Secretariat, Hvderabad, State of^Telanqana.

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2 i6il;;;'Si;G-ElectricitiResulatory^{Commission(TS' E' R'C), Singareni} - ehJva-;, t'titorfer Road, R6d Hiils, La(di Ka Pul, Hyderabad' " s. ihe iio. ttsse-oir-i, Mihaging^Director, Corp,jtat"^{Southem power} office, 6-1-50,^Distribution Mint compound,^company Hvderabad-^{of Telangana} 500063.

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+. it e Cf ief Engineer,^{TSSPDCL, Operation Circle, R R. District, Hyderabad'} Telangana

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s. ine Aiiisiant^{Engineer,TSSPDCL' Operation Champapet, R R' District,} Telangana.

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o;; ct to sRt^{MUSTAFA BASITH, Advocate [oPU-c]} i. iil cit tJcp^{FoRENERGY,High Coui'tfor the Statc cf Telangana, at} Hyderabad. [OUT]

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a. oire-c-C to skt^{p.pRnsno, sc FoRTSERC} [o-P-qc-] 9. o;; ccio^{Snt R.vlNoD REDDY, sc FoR TGSPDcLIoPUC]}

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't0.Two CD CoPies

PSK.

CJP $

HIGH COURT

DATED:1 611212024

ORDER

WP.No.20656 of 2024

R 1 H E TA ,{.
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DISPOSING OF THE WRIT PETTTION WITHOUT COSTS

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@F"

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Mohammed Omer v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohammed Omer 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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