Smt. Masarath Fatima Vs Telangana state Southern… — Writ and Judicial Review | Telangana HC (2026)

Smt. Masarath Fatima Vs Telangana state Southern… — Writ and Judicial Review | Telangana HC (2026)

What the court decided

AI extract

Outcome

Respondent-authorities directed to restore power supply to the petitioner's house H.No.20-2-434/1, Fatima Colony, Hussaini Alam, Hyderabad by refixing the electricity meters bearing S.C.No.M1023553 & USC No.114988439; respondents left at liberty to initiate fresh proceedings by following due process of law; no costs; miscellaneous petitions, if any, pending in the petition to stand closed.

Issue for consideration

Whether the respondents' inaction in refixing/restoring the electricity meters and power supply to the petitioner's premises called for a writ of mandamus. +2 more

Ratio / Principle

Irrespective of the objection on the part of the Wakf Board for issuance of service connection, the respondents ought to have issued a show-cause notice to the petitioner before disconnecting the power supply; by disconnecting without providing an opportunity of hearing, they violated the principles of natural justice.

Key takeaways

The dispute over the title of the property to an extent of 40 square yards cannot be adjudicated by this Court in the writ proceedings, as it involves questions of fact needing ascertainment from the parties' title documents; the petition was nonetheless disposed of on the natural-justice lapse.ratio¶54

Detailed headnote1 paragraphs

Writ Petition (W.P.No.1983 of 2026, High Court for the State of Telangana at Hyderabad, Renuka Yara, J., sole member; order dated 09.02.2026) - ALLOWED. On 03-07-2025 the respondent TSSPDCL/TGSPDCL authorities took away the electricity meters (SC No. M1023553 & USC No. 114988439) serving the petitioner's house at H.No.20-2-434/1, Fatima Colony, Hussaini Alam, Hyderabad and did not restore supply; the petitioner attributed the action to a complaint by certain local politicians, and, per the respondents' account, the Chief Executive Officer of the Wakf Board had objected to the service connection and cancelled her sale deed (document No.1068 of 2025) claiming the property for the Wakf Board; the petitioner's vendor held a compromise decree in O.S.No.1273 of 2013 (dated 24.04.2017) and a decree in O.S.No.3288 of 2021 recognising him as owner and possessor. The court held that the title dispute, confined to 40 of the 229 square yards, involved questions of fact it could not adjudicate, but that the respondents ought to have issued a show-cause notice before disconnecting supply and, by disconnecting without an opportunity of hearing, violated the principles of natural justice; relying on Supreme Court authority (the decision arising out of Special Leave Petition (CRL) No.8917 of 2019, decided 13.05.2022, and Maneka Gandhi v. Union of India) for the propositions that electricity is a basic amenity of which a person cannot be deprived and that the principle of natural justice is implicit in Article 21, the court directed restoration of supply by refixing the meters, leaving the respondents liberty to initiate fresh proceedings by due process. No costs; pending miscellaneous petitions closed.

134421

i i i i t ii

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

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SMTJUSTICE RENUKA YARA

WRIT PETITION : 1983 OF 2026

Smt.. Masarath Fatima, Wo. Aman Ullah Shareef, aged 45 years, Occ. Advocate, R/o. H.No. 214-97198, Moosa Bowli, Hussaini Alam ,^Hyderabad.

...PETITIONER

D

Telangana state Southern power distribution corporation limited, Vidyut Soudha, Somajiguda, Hyderabad. Rep. by its Chairman-Managing Director.

The Superintending Engineer, Operation central Circle, TGSPBCL, 6th Floor Chandravihar, Adjacent to Gandhi Bhavan Metro Station, MJ Raod, Nampally, Hyderabad, Telangana-500001 .

The Divisional engineer, Operation Panjeshah, TSSPDCL.

The Assistant Divisional engineer, Operation Panjeshah, TSSPDCL.

The Assistant engineer, Operation Khilwath, TSSPDCL.

o

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ, order or direction more particularly one in the nature of Mandamus declaring the inaction of the respondent authorities in taking steps to refix/restore the electricity meters bearing SC No. M1023553 85 USC No.l14988439 to the petitioner's premises H.No.20-2-434/'1, situated at Fatima Colony, Hussaini Alam, Hyderabad which were taken away on 03-07-2025 without any reasons followed by personal visits as being illegal arbitrary unjust unconstitutional and colourable exercise of powers as arbitrary, illegal, unconstitutional and violative of my fundamental rights guaranteed under Article 21 of the Constitution of lndia. Consequently, to direct the respondent authorities

to refix the ek>ctricity meters to the above-mentioned premises by restoring the power supply in the interest of justice.

IA NO: I OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fil'-'d in support of the petition, the High Court may be pleased to direct the respondent authorities to re-fix the electricity meters bearing SC No. M1023553 USC No.114988439 to the premises bearing H.No. 20-2-43411, situated at Fatima Colony, Hussaini Alam, Hyderabad by restoring the power supply, pending disposal of the main Writ Petition, in the interest of justice.

Counsel for the, Petitioner : SRI SYED MOUNIS JAFER ABIDI

cou nset for Res ponde nts : :8, *iTrlrffi RE DDy,

The Court made the following: ORDER

I

7t

IN THE HIGH COURT FOR THE STATE^{OF TELANGANA}

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE RENUI{A YARA

W.P.No.1983 of 2026

Datez o,9.0.2.2o.26

Between:

Smt. Masarath Fatima

... Petitioner

AND

Telangana State Southern Power Distribution Corporation Limited, Vidyut Soudha,

Somajiguda, Hyderabad, Rep. by its

Chairman-Managing Director and (4) others.

...Respondents

ORDER:

Heard Sri Syed Mounis Jafer Abidi, learned counsel for the petitioner and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing for the respondents.

This Writ Petition is filed seeking following relief

o...to issue appropiate utrit, oider or direction more particularlg one in the nature of Mand.amus declaring the inaction of the respondent authorities in taking steps to refix/ restore the electricitg meters bearing S. C. No. M 1 0 2 3 5 5 3 & USC No.114988439 to the petitioner's premises H.No.2O-2434/ 1, situated at Fatima Colong, Hussaini Alam, Hgderabad, which were taken awaA on O3-07-2025 without

/

2

anA reasons folloued bg personal asits as being i egdL arbitrary, unjust, unconstittltional and alourable exercise of pouers as arbitrary, illegal, unconstitutional and uiolatiue of mA fundamental ights guaranteed under Article 21 of^the Con.stitution of India. Consequently, to direct the respondent c:uthonties to refix the eledricitg meters to the aboue' mentioned premises by restoing the power supplg in the interest of^justice and to pass..."

\

The petitioner claims to be the owrler and possessor of

House be,aring No.2O-2-434/1, admeasvring 229 squElre^yards, situated at Fatima Colony, Hussaini Alam, Hyderabad. The petitioner purchased the said house uide registered document No.437 /2C,23, dated L7.O2.2O23 from the vendor^viz., Hameerdu,ldin Qadri. On a complaint given by certain^local politicians, without issuing a notice, the respondents have disconnect,:d the power supply to the petitioner's house.^The petitioner's vendor has filed a suit for perpetual injunction in O.S.No.1273 of 2Ol3 on the file of the learned VI Junior Civil Judge, Citl' Civil Court, Hyderabad and the same has ended in compromiso ui.de compromise decree dated^24.04.2017. Thereafter, O.S.No.3288 ol 2O2l was filed by the^petitioner's vendor Harrreerduddin Qadri against three^private individuals and the same was decreed holding that the^{petitioner's vendor is the} owner and 1:ossessor of the subject house. At the behest of Chief

,/

*{

3

Executive Officer of^{Wakf Board, while disconnectingthe power} supply the respondents^{have not consideredthe extent of the} property claiming to^be 40^{square yards.}

According to the respondents, the^{Chief Executive OIIicer of} Wakf Board objected for^{issuance of service connection to the} petitioner and cancetled the sale^{deed of the petitionerurde} document No.1068 ol^{2025 on the premisethat the said property} belongs to Wakf Board.

According to the petitioner,^{there is a disputewith respectto} only 40 squa-re^yards of^{land, but not the entire extent of 229} squErre yards. The dispute^{over the title of the property to an} extent of 40 square^yards cannot^{be adjudicated by this Court as} it involves questions of fact,^{which needs to be ascertainedby} perusing the documents of title of the^{respective parties. For the} present, it is suffice to say that^{irrespectiveof the fact that there} was objection on the part of Wakf^{Boardfor issuanceof service} connection, the respondents ought to^{have issued a showcause} notice to the petitioner before disconnecting the^powersupply. The respondents have violated the principles of^{naturaljustice} without providing an opportunity of hearing to the^petitioner befgre disconnecting^{the powersupply.} Electricity connection^{is a}

4

Fundamr:ntal Right. The Apex Court in Dlltp (dead) through Lrs us. Sct{sh and. otherst (CRLA No.gl0 of 20221 arising out of Special Leave Petition (CRL) No.89t7 of 2019, dated 13.05.2022r held that it is settled proposition of law that electricity is a basic amenity .f which a person cannot be deprived. Electricity cannot be declinr:d to a tenant on the ground of failure/refusal of the landlord 1.o issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question. Ifurther, in Maneka Go;ndhi u. (Inion of Indid, it has been emphatically held by a Bench of seven judges of the Supreme Court that requirement of principte of natural justice is implicit in Article 21 c'f the Constitution which makes it imperative to provide opportunitl' of hearing before taking any prejudicial action against the person.

In view of the foregoing discussion, the Writ petition is allowed by directing the respondent-authorities to restore the power su.pply to the petitioner's house bearing H.No.2O-2-434/1, situated at Fatima Colony, Hussaini Alam, Hyderabad by refixing the electricity meters bearing

| 2022 LiYe l'5,w 570

'^{(r 978) 2 scR621}

fi

5

S.C.No.M1023553 &^{USC No.114988439. The respondents are at} liberty to initiate fresh^{proceedingsby following due process of}

law. No costs.

Miscellaneous Petitions, if^{any, pending in this petition, shall}

stand closed.

SD/- P.PONNA KRI ASSISTANT REG

\

//TRUE COPY//

ON OFFICER

To,

Tte Chairman-Managing Director, Telangana state distribution corporation limited, Vidyut Soudha ,^Somajiguda, bad.

The Superintending Engineer, Operation central Circle, TGSPBCL, 6th Floor Chandr_avihq! Adjacent to Gandhi Bhavan Metro Station, MJ Raod, Nampally, Hyderabad, Telangana-50000 1 .

The Divisional engineer, Operation Panjeshah, TSSPDCL.

The Assistant Divisional engineer, Operation Panjeshah, TSSPDCL.

The Assistant engineer, Operation Khilwath, TSSPDCL.

One CC to SRI SYED MOUNIS JAFER ABlDl, Advocate. [OPUC]

One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL. [OPUCI

Two CD Copies.

. BSK

d

PSK

I

HIGH COIJRT

=i I 2

-tHE S
(
o
C)
1 I Fr8 Zlufi z
*
Ir

=i

WP.No.1983 of 2026

G THE WRIT PETTTION c s

9A