Farooq Ali Khan Vs The State Of Telangana — Writ and Judicial Review | Telangana HC (2025)

Farooq Ali Khan Vs The State Of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

None - the writ petition was dismissed with no order as to costs; pending miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the inaction of respondent Nos. 2 to 4 in not considering the petitioner's representation dated 09-09-2023 for temporary suspension of the new supply and electricity connection for the land in Survey No. 181, Nagaram Village, Maheshwaram Mandal, Ranga Reddy District, is illegal/arbitrary/unconstitutional, warranting a writ of mandamus directing them to consider the representation.

Court's answer

Taking into consideration the submissions of the learned Standing Counsel for respondent Nos. 2 to 4 and the averments in the counter affidavit filed on behalf of respondent No.3, the Court opined that the relief as prayed for in the present writ petition cannot be granted in view of the specific averments made at paragraph No.4 of the counter affidavit of respondent No.3 (referred to and extracted above), and accordingly dismissed the writ petition with no order as to costs.

Ratio / Principle

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Surepalli Nanda, J.), Writ Petition No. 29784 of 2023, decided 21-01-2025 - Petitioner, an 82-year-old landlord acting through his GPA holder, sought a writ of mandamus under Article 226 directing TSSPDCL authorities (respondent Nos. 2 to 4) to consider his representation dated 09-09-2023 for temporary suspension of the new supply and electricity connection to land in Survey No. 181, Nagaram Village, Maheshwaram Mandal, Ranga Reddy District - Petitioner relied on Tahsildar, Maheshwaram Mandal endorsements (Lr.No.D/a6712012 dated 06-06-2012 and Lr.No.8/34011/2015 dated 11.01.2016) recording the property as Gairan included in the Section 22-A list, on W.P.No.20269 of 2023 (property stated to be in prohibited list), and on status quo granted by order dated 21.04.2006 in W.P.No.B145 of 2005 - Respondent No.3's counter affidavit (paragraph 4, extracted by the Court) invoked Section 43 of the Electricity Act, 2003, under which every distribution licensee shall, on an application by the owner or occupier of any premises, endeavor to provide the service connection, subject to compliance with the General Terms and Conditions of Supply and payment of stipulated service charges and other expenses - HELD: taking into consideration the Standing Counsel's submissions and the counter-affidavit averments, the relief prayed for cannot be granted in view of the specific averments at paragraph No.4 of respondent No.3's counter affidavit; writ petition dismissed with no order as to costs; pending miscellaneous petitions, if any, closed.

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HIGH COURT FOR THE STATE OF TELANGANA AT H\OERABAD (Special Original Jurisdiction)

TUESDAY,THE TWENry FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION NO:29 784 0F 2023

Between:

Farooq Ali Khan, S/o Nawab Haji Khan, aged about 82 yrs Occ Landtord Rt/o l-.o1qo-".9K^{presenfly residingafrtatNO} ior^alocr C frixho]yrr tnJra-*"i NO 5910'l Public G'ardens Road, Nampalty r-fyOliaUiO rep Oy G p A Sri E Devender Reddy S/o late E Narayan ne'OOV ag6diborisO yrr.'O". eusinesi R/o Villa No 33-VIVANA Vtrrai b-aleO C"ri.,iriivti"aip"( Vilrg-J G;;di;;i Mandal RR District

AND

...PETITIONER

The State Of Telanoana, _thlough its principat Secretary Electricity Department Having offici at t S Seaietariut fruO"[[]o

I^{ela!_Sa-n? State Southern Power Dis_tribution-Company} Limited (TSSpDCL), 6-1-50, Mint CompoundHyderabad - 500 063 Tetanbanl,

Executive .E_1gineer, TSSP^DCL Division Offic6. AnandNagar Colony Kairathabad Telanqana - S00004

TSSPDCL Sub-Division Office, Maheshwaram tvlandal, R,R District, Telangana.

...RESPONDENTS

Petition under Article 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to pass an order, direction or a writ particularly in the nature of writ of |/andamus declaring that the inaction on part of the respondent No.2 to 4 in not considering the representatioh of the petitioner dated.09-09-2023 for temporary suspension of the new suppry and erectricity connection for the rand in survey No. 181, of Nagaram Village, Maheshwaram Mandal, Ranga Reddy District, is highly illegal arbitrary, contemptuous in nature and unconstitutional. consequently, this Hon'ble court may be please to direct the respondent No.2 to 4 consider the representation of the petitioner da ted.09-09-2023 for temporary suspension of the new supply and electricity connection for the land in Survey No. 181, of Nagaram Village, Maheshwaram lvlandal, Ranga Reddy District, in the interest of justice.

lA NOI 10F²⁰²³

Petition under^{Section 151 CPC praying that in the circums;tancesstated} intheaffidavitfilednsupportofthepetition,theHighcourtmaybepleasedto direct the^{responclr:nt No2 to 4 consider the representationof the petitioner} dated.09-09-2023^{ftrr temporary suspensionof the new supplyand electricity} connection^{for the land in SurveyNo. 181, of Nagaramvillage,Vlaheshwaram} Mandal, Ranga^{Re<iCyDistrict, as per law}

Counsel^{for the Petitioner: SRl. MOHAMMADI HAFSA KAHKESHI\N} Counsel for^{the Re:;pondent No'1: GP FOR ENERGY} Counsel for^{the Rr:spondent Nos' 2to4: SRIN' SREEDHAR REDEIY'} SC FOR TSSPDCL The Court^{madeth<: following:ORDER}

HON'BLE MRS. JUSTICE^{SUREPALLI NANDA}

WRIT PETITION No.29784^{of 2023}

ORDER:

Heard Sri Mohammadi^{Hafsa, learned counsel} appearing on behalf^{of the petitioner,learned Assistant} Government Pteader^{for Energy.appearing on behalf of} respondent No.1^{and Sri N.Sreedhar Reddy, learned} Standing Counsel^{appearingon behalf ofrespondent} Nos,2 to 4.

2 The Detitioner^aDo ach the Court seekino^Drver

as under:

"...to pass an order direction^{or a writ particularly in} the nature of Writ^{of Mandamus declaringthat the inaction} on part of the^{respondent No'2 to 4 in not considering the} representation of the^{petitioner dated 09'09'2023for} temporary suspension^{of the new supply and electricity} connection for the^{land in Survey No'181, of Nagaram} Village. Maheshwaram^{Mandal,RangaReddy District' is} highly illegal, arbitrary,^{contemptuous innatureand} u nconstitutional. Consequently,^{this Honble Court may be} please to direct the respoMent^{No'2 to 4 considerthe} representation of the^{petitionerdated 09'09'2023for} temporary suspension^{of the new supply and electricity} connection for the^{land in Survey No'181, of Nagaram} Village, Maheshwaram^{Mandal,RangaReddy District'in the} interest of^justice."

SN, J \tP 2978r' 2023

2

The car;e of the^{petitionerin brief is that' as per the} endorsement^{/ide Lr.No.D/a6712012,dated06'06'2OL2 and} Lr.No.8/34011/2015,^{dated11.01.2016 issued by the Tahsildar'} Maheshwarar^{Mandal,the property in Sy'No'181 of llagaram} Village is re,.orded^{as Gairan includedin Section 22-A list' As} per W.P.No..20269 of^{2023, the said property is in prohibited list} and this Ccrrrt^{in W.P.No.B145 of 2005 vide order dated} 21.04.2006^{uraspleased to grant Status-quo in respect of'the} subject land.^{In consequenceto the same, the petitioner madea} representatic,^{r dated 09.09.2023to the respondent Nos'2 to 4} requesting li)r^{temporarysuspension of new power sLpply and} electricity^{cr)nnections, however, the respondent Nos'2 to 4} failed to consider^{the said representationtill date. Aggrievedby} the same, tho^{petitionerf iled the present writ petition '}

4 The co n r av has n o h h resoonden!- No.3^{and in oarticular, oaraoraoh No'4 of the} said countE:-L^{is extracted hereunder:}

"4. It is submitted that the^{petitioner cannot} demancl that^{no service connectionsshould be provided} in Sy.N.,.181 and^{its sub numbers situated in Nagaram} Village, l,laheshwaram^{Mandal, Ranga Reddy Dis;trict'} Even ;rr:cording to^{Section43 of the ElectricityAct,}

SN, J wP ?97A4 2023

3

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Every distribution licensee^{shall on an application} by the owner or the occup'ler^{of any premises shall} endeavor to^provide the service^{connection.The} applicants have to file the^{abovereferred documents} along with the applications^{and the same shall be} provided if the said application is in compliance^{with the} General Terms and Conditions^{of Supply provided the} applicant^pay the stipulated^{service chargesand other} expenses."

I

Sri N.Sreedhar Reddy,^{learned Standing Counsel appearing} on behalf of the^{respondent Nos.2 to 4 by placing relianceon the} averments made in^{the counteraffidavit filed on behalf of the} respondent No.3, submits that^{the documentsfiled by the} petitioner indicates that the^{petitioneris the absoluteowner of} the land situated in^{Sy'No.181 ofNagaramVillage,} Maheshwaram Mandal,^{Ranga ReddyDistrict, and as per Section} 43 of the Electricity^{Act, 2003, every distributionlicensee,shall,} on an application by^{the owner or occupierof any premises, shall} entitled to^{provide the service connection.}

6. Ta kino into consider^tion:

a) The submissions^{made by the learnedStanding} Counsel appearing on^{behalf of the respondent Nos'2 to 4} a nd,

o

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b) The averments^{made in the counter affidavit filed on} behalf of the respondent^No.3,

This^(ourt opines that the^{relief as prayed for in the} present writ petition cannot be^{grantedin view of the} specafic averments^{made at paragraphNo.4 of the counter} affidavit filed on behalf^{of the respondent No.3 (referred} to and extracted above),^{the writ petitaon is dismissed.} However, there shall be^no order^{as to costs.}

As a s;:quel, the miscellaneous^{petitions, if any, pendingin}

the Writ Petition shall also^standclosed. ,

:SD/. K. AMMAJI AS REGISTRAR //TRUE COPY//

ON OFFICER

To,

One CC to [iRl. MOHAMMADI HAFSA KAHKESHAN Advocate [OPUC] 2. Two CCs to GP FOR ENERGY ,High Court for the State of Telangana at Hyderabad IOUTI

One CC to {iRl. N. SREEDHAR REDDY, SC [OPUC]

Two CD Copies BM

GJP

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HIGH COURI-

DATED:21 lA,,112025

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ORDER

WP.No.2978,1of²⁰²³

DISMISS!NG THE^{WRIT PETITION WITHOUT COSTS}