Back
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
SUBBA REDDY SATTI
Shaik Basheed, S/o Shaik Mahaboob – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Energy Department – Respondent
ORDER :
SUBBA REDDY SATTI, J.
The above writ petition is filed to declare the action of respondents 5 to 7 in disconnecting the electricity supply to the S.C.No.8431304027253 of Bismillah Water Service Centre, in survey No.438/A2, Nandyal Town, Nandyal District, at the behest of respondents 8 and 9, without considering the petitioner’s representation, as illegal and arbitrary.
2. The averments in the affidavit, in brief, are that the land of an extent of Ac.00-45 cents in survey No.438/A2, Nandyal Town, Nandyal District, originally belonged to late Nasyam Hazi Peeran Saheb, S/o Hazi Beeram Saheb, who, in turn, gifted the property to a Mosque i.e. Bakkar Kasab Mosque, by registered gift deed dated 25.04.1961. Thus, the property became the absolute property of the Mosque. Subsequently, the name of the Mosque is changed to Masjid-e-Quresh. Respondent No.9, the development committee, is managing the affairs of the Mosque, and the then General Secretary of respondent No.9 executed a lease deed dated 03.03.2010 in favour of the petitioner for three years and handed over the physical possession to the petitioner. The petitioner established ‘Bismillah Water Service Centre’, by raising a tempo
A writ of mandamus can only be issued if the petitioner establishes a legal right and its infringement; the petitioner failed to prove entitlement to electricity service connection.
Occupiers have a statutory right to electricity supply regardless of the landlord's disputes, which must be resolved in appropriate civil venues.
Disconnection of electricity without notice is illegal, violating natural justice and statutory obligations, leading to restoration order in favor of the petitioners.
The claim for Electricity Service Connection did not arise as there was no one residing in the subject property and no activities were going on. The parties were directed to approach the Competent Ci....
Electricity connection cannot be disconnected without prior notice, adhering to principles of natural justice under Section 43(1) of the Electricity Act.
Disconnection of electricity service without notice violates principles of natural justice, necessitating due process in property disputes under Article 226.
The main legal point established in the judgment is that the Electricity Act imposes a statutory duty on the respondents to provide electricity connection to the petitioner within a specified period,....
Disconnection of power supply without following the procedure prescribed under Section 56 of the Electricity Act, 2003 and without a valid reason under Clause 17.2 of the General Terms and Conditions....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
