Uppari Shiva Raj Vs The Telangana State Southern Power Distribution Corp. Ltd.

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132s21

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

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THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PE TITION NO:35 895 0F 2024

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Between:

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Uppari Shiva Rai, S/o. Late U. pentaiah, Aged about 45 years, occ. Agricr-r.rture, RJo SC Basri, Bodup'pat (V). Medipafiy (M), M;lifi"t tfik"ffit,ri oisri"t.

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...PETITIONER

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AND

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1 The Telanqana State Southern power Distribution Corp. Ltd, rep. by its Managing Director. Mint Compound,-HvdeiaO-aOl" -"'"^'

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2 The Addl. Assrstant Habsiguda circte. I\ited;haI n/l'a'it<aigiriOittiict:-' Enoineer-, (TSSPDCL) Operation Section, Boduppal.^{"''"" *"}

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' I:B$jii#''.'STrElsii],i"^l;183,:'r?)"1ration^{section' chirukanasar,}

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The District Co ector, Medchal Malkajgiri District.

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The Tahsitdar, Medipalli Mandal, Medchal Malkattriri District.

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumsrances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of Writ of lvlandamus declaring the inaction of the respondents in granting agricuitural power supply connection to the petitioner, updating the revenue records by incorporating the name of the petitioner by effecting mutation on par with adjacent agricurturists to whom connections were arready granted as iflegar and consequentry direct the Respondents to provide agricurturar erectricity connection, update the revenue records forthwith to the petitioner agricurturar lands in Sy.No, 63/10 of Boduppal Village, Medipalli Mandat.

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I

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lA NO:^'f OF²⁰²⁴

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PetitionunderSectionl5lCPCprayingthatinthe<;ircumstirncesstatedin the affidavit f lerJ^{rr support of the petition,the High co rrt may be pleasedto} directtheresl)ond€ntsforthwithtograntagriculturalelectricityCollnectiontothe petitionerlan<lnSy,.No.63/l0ofBoduppalVillage,MedipalliM'.rndal,Medchal Malkajgiri District^{i y effecting mutation of revenue recorrlspend ng disposal of} the main writ I:etitic^r '

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CounselforthePetitioner:SRITHADIKONDAKOTESHWARAPI:IASAD CounseI for^{P.es po ndentsNo. 1 to3: .-,SRltt?BH RE DDY'}

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Counsel for Respcndents^{No.4&5: ASST'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 PETITION No.35895 OF 2024

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ORDER:

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Heard Sri Tatikonda Koteshwara Prasad, learned counsel appearing on behalf of the petitioner, Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondent Nos.l to 3 and tearned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.4 & 5.

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The petitioner approached the Court seeking prayer as under:

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*.......to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in granting agricultural power supply connection to the Petitioner updating the revenue records by incorporating the name of the petitioner by effecting mutation on par with adjacent agriculturists to whom connections were already granted as illegal and consequently direct the Respondents to provide agricultural electricity connection update the revenue records forthwith to the petitioner agricultural lands in Sy. No. 63/10 of Boduppal Village, Medipalli Mandal...."

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2

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iE t I E

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It is :;pecific case of the petitioner that the res[:ondents are not^grE nting agricultural power supply connectio I to the Petitioner ouly updating the revenue records t,y irrcor porating the narre c,f the petitioner by effecting mutat on on lar with adjacent i: Sriculturists to whom connections were already granted as; itlegal and unlawful, arbitrary and contrar y to the Principles cf Natural lustice. Aggrieved by the: said i:ction of the responc ents, petitioner filed the present W rit F,etit on.

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PERUSED-THE RECORD:-

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4. ParA_ l{o.4 of h unter affi vt nb the respoldent Nos.1 to 3 is extracted h e r_eg!!-de]:.: -

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Witlr reference to the averments made in the aFfidavit filerd in support of the Writ Petition. I subr,.rit that petit ()ner herein made application to these -espcndents for rroviding agricultural electricity ct()nnecti,)n vide Applrr NoNR 90823933922 dated 17.7.r'.023. t.towever said e pplication was rejected in view of non pr( )duction of rek:rrant documents regarding title to lhe prorerty. It is sL trmitted that neither the petitioner hers p^-oduced an,/ \o Objection Certificate from the Tahsilda. oF the Manclitl concerned nor has the petit,()ner p^-oduced relevant documents regarding title to th€r property. The avenr ent that petitioner is the owner of ag rrcultural

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,

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.t

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land in Sy.No.63/10 of Boduppal Village is denied, since the petitioner failed to produce any documents of tifle to the property to show his ownership for the purpose of grant of electricity service connection. There is no ti ulari re u h tion ce eti an t e tn title to the oro ertv. The above Writ Petition is devoid of merits. There are absolutely no merits in the above Writ Petition and the same is liable to be dismissed by this Hon'ble Court.

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The learned standing counset appearing on behatf of the respondent Nos.1 to 3 placing reliance on the averments made in the counter affidavit and in particular at para No.4 (referred to and extracted above) submits that the application of the petitioner for providing agricultural electricity connection vide Application No.NR 90823933922, dated L7.O1.20.23 had been considered by respondent Nos.1 to 3 and had been rejected on the ground that the petitioner failed to produce relevant documents pertaining to the titte of the subject property and the petitioner even failed to produce No Objection Certificate from the Tahsildar of

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{t ; {aI tt

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4

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the Mandal concerned nor the^{petitioner producedany} relevant documents^pertaining to the subject [rroperty and hen,:e, the specific^plea of the^{petitionerl:hat the} petitionerr is the owner of agricultural land in Sy.No.63il10 of Bopduppal Village^{is denied, si nce the} petitionerr failed to produce any documents of title in respect of the subject^property to show^petitioner's ownership for the^purpose of^grant of electricity'^service con nection.

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Ther learned standing counsel appearing on^behalf of the respondent Nos.1 to 3^{however subrrrits that} upon the petitioner making a fresh application^duly enclosing all the relevant documents^{in supportof} petitiont:r's case as required under rules in fo'rce, the application of the^petitioner may^{be directedtobe} considet'ed by the respondent^{Nos.1 to 3 in ac(::ordance} to law within a reasonable Period,

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Thre learned counsel appearing orr^{beha lf of the} petitionr:r does not dispute the said submissisrn made

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by the tearned standing counsel^{appearang on behalf of} the respondent Nos.1 to^3.

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8.7 akinq into^{consideration:}

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a) The aforesaid fa^{cts and circumsta nces of the case.}

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The s lo rned c fln half he e n I ln a n beha n respondent Nos.1 to 3.

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T ments ra vt fal ehalf I s on 1to rred to xtracte v

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The W t Petition is disoosed of^di ino the n rtom fresh a nto Nos. 2 & 3 bv dulv en^closinq all^th relevant d ments nder the in force te ricul rt it co nln ioner' n inS .No.6 1 of Bodu Medioallv Mandal, Medchal Malftai^{oiri District,} ithin a n of week f date of

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6

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of thte_,qlder, and upon receipt of the appligal ron obe subm db vtheD tioner b re s nd nt Nos"?-;$1 3 dulv enclosino alt the relevant docu ments as rlate. the Lesp! ent Nos.2 & 3 shall consrder-^the said aBpI-catien-Sftre-6etitioner withi two^(O2) !^{rgClls_thereafiter} and^pass aDprooriate orders on the said pli onana ccordance to law a nd dulv comm_ll[icate the decision to the petitioner_,

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