Disposed

Chavidi Rama Rao v. The State of Telangana

Telangana HC2 Jan 2025WP/36408/2024

Case brief

AI extract

What is this about?

In a writ petition challenging the unilateral disconnection of agricultural electricity supply without considering the petitioner's explanation, the High Court of Telangana directed the respondent officer to reconsider the submitted explanation within three weeks. The court disposed of the petition without costs, noting that the petitioner also claimed interim relief had already been granted via a

What did the court decide?

Directed respondent No. 4 to consider the petitioner's explanation dated 28.10.2024 and pass appropriate orders within 3 weeks.

Chavidi Rama Rao Vs The State of Telangana — Service and Employment | Telangana HC (2025)

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132521

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

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THURSDAY,THE SECOND DAY OF JANUARY 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 PETITION NO: 36408^{OF 2024}

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Between:

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Chavidi Rama Rao,^{S/o. Bhadraiah, Aged about 50 years,Occ'Agric-ulture,} nyo.H-tlo. 4-62t2, Kachirajugudem^{Vitlage, Khammam RuralMandal,} Khammam 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, Energyand} Etectricity Depa(mEnt, Secretariat^{Buildings, Hyderabad.}

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2 The Telangana State^{Pourer DistributrcnCgmp-anyLimited, Corporate Office'} eO- SO, tr/iit Compound,^{Hyderabad, 500063, Rep.by its Chairmanand} Managing Director.

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The Superintending Engineer,^{TGNPDCL, Khammam District'}

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4 The Assistant Engineer, Electrical^{Operation,TGNPDCL Pallegudem,} Khammam District.

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5 Burra Ramakrishna, S/o.^{Venkanna,Age. about 48 years,Rl/o '} -. K;;hirrjrgrd.m Viliage,^{Khammam Rriral tvlandal' Khammam District}

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...RESPONDENTS

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Petition under Article^{226 of lhe constitutionof lndiapraying that in the} circumstances stated in the^{affidavitfiled therewith,the High court maybe} pleased to pass an orders, or issue^{any directions or issue any appropfiate writ} more particularly in the^{natureof wRlTOF MANDAIVUSdeclaring the action of} respondents, more^{particularlythe respondent No. 4 in disconnectingthe power} supply of^{petitioner'vide service No. 989 in his agriculturalland admeasuring} nc.i.iO Guntas in Sy.No.^{2G7tA3 and Ac. 4.00 Guntas in Sy.No. 267lAOsituated} at Kachirajugudem^{Village, Khammam RuralMandalwithout consideringthe} explanation ;f the^{petitionerdated 28102024, without passing any reasoned} order in violation of^{principlesof natural justice and in violationof Articles14 and} 21 of constitution of lndia^{and also in contrary to provisionsof the Electricity Act} 2003 as being illegal and arbitrary,^{consequentlydirect the respondent No.4 to} forthwith reinstate- the Electricity^{connection of the petitionervideElectricity} connection vide service^{No. 989 in the petitioner subiectproperty in sy.No-}

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267tA3 and Ac. 4.0Cr^(luntas in Sy.No. 267lA6^{situatedat Kachiraiugudem Village,} Khammam Rural Mandal and (iii) consequently^{directthe Respondent No. 4 to not} to interfere with the subject^property in Sy.No.^{2671A3 and Ac.} '1^{00 Guntasin} Sy.No.267146 situaled at Kachirajugudem^{Village, Khammam Rural Mandal}

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lA NO: 1 OF 2024

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Petition under^liection 151 CPC^{praying that in the circumstancesstated in} the affidavit filed in s;upport of the^{petition, the High court may be rreased to direct} the respondent No. 4 to forthwith^{reinstatethe Electricity connection of the} petitioner vide Electrir;ity connection vide Service No. 989ⁱⁿ the^{petitioner Subject} proerty in Sy.No. 237lA3 and Ac. 4.00 Guntas Sy.No. 267l,46^{situated at} Kachirajugudem Villaqe, Khammam^{Rural Mandal pending disposalof main Writ} Petition in the intere:st of Justice

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Counsel for the Petit:oner: SRl. ALLURI^{DIVAKAR REDDY}

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Counsel for the ResFrondent no.1: GP^{FOR ENERGY}

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Counsel for the ResF,ondent Nos.2^{to 4: SRIZAKIR ALI DANISH SC FOR} TGNPDCL

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The Court made ther f'ollowing: ORDER

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION 64OA ot 2024

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ORDER:

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Heard Sri Alluri Divakar Reddy, learned counsel appearing on behalf of the petationer and Sri Zakir Ali Danish, learned Standing Counsel for TGNPDCL, appearing on behalf of the respondent Nos.2 to 4.

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2 The Detitioner aooroached he Court seekino orave r as

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under:

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"...to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of respondents, more particularly the respondent No.4 in disconnecting the power supply of petitioner vide Service No.989 in his agricultural land admeasuring Ac.7-lO Guntas in Sy.No.267143 and Ac.4-00 Guntas in SV.No.267/A6 situated at Kachirajugudem Village, Khammam Rural Mandal without considering the explanation of the petitioner dated 28.10.2024, without passing any reasoned order in violation of^principles of natural^justice and in violation of Articles 14 and 21 of constitution of India and also in contrary to provisions of the Electricity Act 2003 as being illegal and arbitrary, consequently direct the respondent No.4 to forthwith reinstate the Electricity connection of the petitioner vide Electricity connection vide Service No.9B9 in the petitioner Subject property in Sy.No.267/A3 and Ac.4-00 Guntas in Sy.No.267lA6 situated at Kachirajugudem Village, Khammam Rural Mandal and (iii) consequently direct the Respondent No.4 to not to interfere with the subject^{property in} Sy.No.267143 and Ac.4-00 Guntas in Sy.No.267146 situated at Kachirajugudem Village, Khammam^Rural Mandal and to^pass any such other order^{ordersas this}

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Hon'ble Cr:urt may deem fit and^{proper inthe} circumsta nces of the^case."

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The case of the^{petitioner, in} brief,^{is that the petitioner is the} owner of agricultural^{land admeasuringAcs.7-10 Guntasin} Sy.No.267143 arrd^{Acs.4-00 Guntas in Sy.No.267146,situated at} Kachirajugudem Village, Khammam^{Rural Mandal, Khammam} District. The Goverrnment of^{Telangana issued a pattedarpassbook} vide Khata No.2'.2't and the^{petitionerhas been in possessionof the} subject land sincr: the date of^{purchaseof the subjept lands from} the^petitioner's trerndor. On^{27.10.2OI8, the petitioner obtainednew} electricity conntlt:tion vde Service^{No.9B9, Load of 5HP for} agricultural^purposes of the^{land and has been regularly payingthe} electricity charge:;. Thereafter, the^{4th respondent issued a notice} dated 22.10.2024 stating that^{petitioner had obtainedthe electricity} connection illegally and further directed^{the petitionerto submit} petitioner's explilnation. In consequence to the same, the^petitioner submitted detaileri explanation^{dated28.10'2024.However, without} acknowledging the^petitioner's explanation,^{the 4th respondent} disconnected the^petitioner's electricity^{connection on 18.t2.2024} without considering petitioner's explanation dated 28.1O.2024. Aggrieved by the same, the petitioner filed the present writ^petition.

n'..,.1,.' . .'lrr

4.7 rt ide its rd d 26 2.20 4 se o inf r e iti rob rvrn s er

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"Although the learned^{StandingCounsel appearing} for the responJent^{Nos.2 to 4ffcNPDCL submits that the} rlspondents did not^{receive the petitioner's reply dated} 28.LO.2OL24 to^{the notice issuedby the respondentson} 22.t0.2024,

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the^{photogiaphs annexed to the writ petition show an} om.6. of^{ihe'respondentsreceivinga documentfrom the} petitioner.

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The petitioner also features^{in thesaid} photograPhs.

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Learned Standing^{Counsel appearing} 'for^the TGNPDCL seeks^{time to take instructions with respect to} the photograPhs'

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List this rnatter^{on 02.01.2025as prayedfor'}

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reso nden ts c siderinq^{thefactthatthe} au n h eton etirre ner'ln el to rl th h tm fr e th r nd red t r he tioner's electri^{citv sUDlv forthwlth."}

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It is^{representedby the learned counsel appearinqon behalf} of the^{petitioner that in pursuanceto the interim order of this Court} dated 26.12.2024,^{tle respondentshad restoredthe electricity} power supply to the^{petitioner'ssubject premises vrde Service} No.gSginrespectofthepetitioner'sagriculturallandadmeasuring Acs.7-10 Guntas^{in Survey No'267/A3 and Ac'4-00 Guntas in}

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Survey No.267,tl\6, situated at Kachirajugudem Village, Khammam Rural Mandal, K.hammam District.

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Sri Zakir Ali Danish, learned Standing Counsel for TGNPDCL, appearing on behalf of the respondent Nos.2 to 4 submits that the main grievance of the petitioner is that the explanation of the petitioner dated 28.1O.2024 had not been considered and the respondents had disconnected the service connection of the petitioner unilateratly and illegally and therefore,, respondent No.4 may be directed to consader the explanation of the petitioner dated 28.LA.2O24, in accordance to law and initiate appropriate action as required, under' law.

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The learnerl counsel appearing on behalf of the petitioner does not dispute ther said submission of the leaned Standing Counsel appearing on behalf of respondent Nos.2 to 4.

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8. Takinq int,o consideration:

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(a) The aforesaid facts and circumstances of the case, and,

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(b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Standing Counsel for TGNPDCI appearing on behalf of the respondent Nos.2 to 4,

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The Writ Petitaon is disposed of, directing respondent No.4 to consider the explanataon dated 2tt.LO.2O24 submitted by the petitioner in reply to the Notice/Letter vide Lr.No.AElOPlPallegudem D.No.362 dated 22.10.2024, issued to the petitioner from the office of Assistant Engineer Electrical Operation - TGNPDCL, Pallegudem, and to^pass appropriate orders in accordance to law, within a period of three (3) weeks from the date of receipt of the copy of the order and communicate the decision to the^petitioner on the said explanation dated 28.1(J.2(J24. However, there shal! be no order as to costs.

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

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SD/. T. TIRUMALA^DEVI ASSISTANT^REGISTRAR

//TRUE COPY//

CTION OFFICER

To,

The Principal Secretary,^{Energy and ElectricityDepartment, Secretariat} Buildings, Hyderabad.

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The Chairman and^{Managing Director,Telangana State Power Distribution} - 6;p;;t limiteo, Corpoiatdoffice. 36- 50, Mint compound, Hvderabad' 500063,

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J The Superintend ng Engineer, TGNPDCL, Khammam District. 4 The Assistant E:ngineer, Electrical Operation, TGNPDCL Pallegudem, Khammam Distri:t.

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5 One CC to SR ALLURI DIVAKAR REDDY Advocate [OPUC]

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6 One CC to SRI ZAKIR ALI DANISH SC FOR TGNPDCL [OPUCI 7 Two CCs to GP FOR ENERGY ,High Court for the State of Telangana tourl B Two CD Copies;

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KKS GJP

HIGH COURT

DATED:0210112025

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ORDER

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WP.No.36408 of 2024

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DISPOSING C)F THE WRIT PETITION WITHOUT COSTS

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Chavidi Rama Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Chavidi Rama Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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