Prelude:

Before proceeding with the adjudication of the cases on merits, it is necessary to note that the scope of these Writ Petitions is limited to the legality and validity of disconnection of electricity supply and its non-restoration. While exercising writ jurisdiction, it is neither the function nor the forte of this Court to pronounce on the title over properties. But, in order to decide on the petitioners’ pleas pertaining to their right to restoration of electricity supply, it is absolutely necessary in the opinion of this Court to dwell on the prima facie title and the nature of the possession of the petitioners. The observations made and the findings rendered hereinafter are therefore limited to the dispute raised and relief claimed in these Writ Petitions.

W.P.No.3849 of 2011:

2. This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1, 4, 5 and 6 in demolishing the compound walls of the members of petitioner No.1 association, disconnecting the power supply, breaking the poles and pulling the electrical wires in Sy.Nos.13, 15 and 17 of Avilala Village, Tirupati Rural Mandal, Chittoor District, without following due process of law and respondent Nos.2 and 3 in refusing to restore the power supply, as illegal, arbitrary and violation of the petitioners’ fundamental rights.

Pleadings:

3. Petitioner No.1 is a registered association comprising members claiming to be the tenants of the lands belonging to respondent No.1 Mutt (hereinafter referred to as “the Mutt”). Petitioner Nos.2 to 11 are some of its members.

4. The averments contained in the affidavit filed in support of the Writ Petition are briefly summarized hereunder:

Petitioner No.1 is formed to protect its members, who are the residents of houses in Sy.Nos.13, 15 and 17 of Avilala Village, Tirupati Rural, Chittoor District, it has 400 members on its rolls, they have constructed about 100 houses and obtained electricity and telephone connections and they are being paid electricity charges regularly. Their names are registered in the voters’ list. The Mutt filed civil suits such as O.S.Nos.114/71, 115/71 and 116/71 against the vendors of the members of petitioner No.1 association and the said suits were dismissed. The judgments in the suits were confirmed in appeals. The members of the association have purchased the plots during the years 1998 and 1999 and have constructed dwelling houses investing their life savings. Respondent Nos.2 and 3 provided electricity connections and the members are regularly paying the electricity bills.

5. That originally the land was uncultivable. In the early part of the 19th century, the Mahant of the Mutt granted a Saswatha Patta in favour of the ancestors of the vendors of the members of petitioner No.1 association in Sy.Nos.13, 15 and 17. The vendors have developed the land, prepared a layout in the year 1998 and sold the plots to the members, who are poor having migrated from the neighbouring villages and towns of Tirupati. At the time of sale, judgment dated 29.01.1977 in O.S.No.115 of 1971 was verified. The said judgment and other similar judgments have become final. Therefore, the petitioners are bona fide purchasers of the plots, which are in their possession and enjoyment, without interference from anybody. When a part of the land in Sy.No.15 was acquired, there were rival claims for compensation, which were referred to the civil Court under Section 30 of the Land Acquisition Act, 1894 and the said reference was answered in favour of the private parties and against the Mutt. The Mutt executed an agreement of sale agreeing to sell an extent of Ac.53.27 cents to a company by name, M/s. Billiyard Farms Private Limited, Tirupati. Though the Mutt has lost its title, the petitioners, being middle class people, wanted to buy peace and have approached the Mutt for sale of the land in their occupation as in case of M/s. Billiyard Farms Private Limited. When respondent No.5 was planning to