IMPORTANT POINT
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.

ORDER :

Surepalli Nanda, J.

Heard Sri G. Ravi Chandrasekhar, the learned counsel appearing on behalf of the petitioner, the learned Government Pleader for Energy, appearing on behalf of respondent No.1, learned Government Pleader for Endowment appearing on behalf of respondent Nos.3 and 6, Sri Zakir Ali Danish, learned Standing Counsel appearing on behalf of respondent Nos.2, 4 and 5 and learned standing counsel Sri J.R. Manohar Rao, appearing on behalf of Respondent No.7.

2. The petitioner approached the court seeking prayer as under :

“To issue writ, order or direction, more particularly one in the nature of Writ of Mandamus, to declare the action of Respondents in rejecting the applications for electricity connections vide application No.NC022302176691 dated 04.10.2023 as illegal, arbitrary, unjust and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to provide electricity connection to the petitioner.”

3. The case of the Petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition in brief, are as follows :

It is the case of the petitioner that, the petitioner is the owner and possessor of the property bearing Municipal No. 1-9-35/48/48/6/6/B situated in Khammam town and district admeasuring an extent of 350.00 Sq Yds and 200.00 Sq Yds., (compact block) vide regd. Documents No. 3137/2009 and 3138/2009 dated 25.06.2009.

Subsequently, the petitioner obtained required permission and licences to start Lemon business under the name and style ‘B.Y.R. Lemon Company.’ Thereafter, the petitioner applied for commercial power connection to the respondents through online application dated 26.09.2023 vide receipt no. TF 9901296 and application No. NC022302176691. However, the application was rejected by the respondents without giving a reasoned decision.

It is the case of the petitioner that, the petitioner filed W.P No. 8591 of 2017 as the respondents interfered with the possession of the petitioner’s land and the same was disposed directing the respondents therein to follow the due process of law and subsequently, the endowment department filed a W.A No. 1043 of 2023 and the same was disposed of directing the respondents to file a case before the Tribunal under the Endowments Act.

It is submitted that the petitioner filed W.P No. 33197 of 2023 challenging the rejection order dated 04.10.2023 passed by the respondent – TSNPDCL. However, during the pendency of the writ petition, the petitioner received a notice from the Endowment Tribunal that the respondent No. 6 had filed a case against petitioner vide O.A No. 06/2024 calming the subject property. As a consequence, the 7th respondent addressed a letter dated 06.10.2023 vide no. 9/SGMS/2023 to the 5th respondent stating that the cases are pending with respect to the lands in Sy.Nos. 35, 38 & 39 of the Bokkalagadda area, Khammam district and that the issuance of power supply to the said land is violative of endowment act and requested TSNPDCL authorities not to provide any power supply to the meters in the said premises without obtaining permission from the 7th respondent. Aggrieved by the same, the present Writ Petition is filed.

PERUSED THE RECORD

4. Order impugned dated 04.10.2023 reads as under :

5. Counter Affidavit filed on behalf of Respondent No.6, in particular Para nos. 7, 9, 11 and 12.

“7. It is further fac