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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Mumtaz Yarud Dowla Wakf a – Appellant
Versus
The Southern Power Distribution Company – Respondent
ORDER :
Heard Sri B.Nalin Kumar, learned senior designated counsel representing Sri Srinivas Chamarthy, learned counsel appearing on behalf of the petitioner on record, Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondent Nos. 1 to 3 and Sri More Shashi Kiran learned counsel appearing on behalf of the respondent No.4
2. The petitioner approached the Court seeking prayer as under:
“.........to issue a Writ of Mandamus or other appropriate order or direction in the nature of a Writ declaring that the action of the respondents 1 to 3 in releasing and continuing the electricity supply to 4th respondent under SC No. 1013814 as arbitrary discriminatory and without any legal authority and violative of Article 14 of Constitution of India and contrary to the terms and condition of supply of power and consequently direct them to disconnect the electricity to the Service Connection bearing SC No.1013814 in the interest of justice........”
3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present w rit petition, is as under:
The petitioner is the Secretary of petitioner waqf
Occupiers have a statutory right to electricity supply regardless of the landlord's disputes, which must be resolved in appropriate civil venues.
Section 43 of the Electricity Act, 2003 is mandatory for providing electricity to owners or occupiers irrespective of landlord's arrears, recognizing access to electricity as a human right.
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
Electricity cannot be denied based on ownership disputes; distribution licensees have a statutory duty to supply electricity upon valid application irrespective of ongoing eviction proceedings.
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,....
An occupier in lawful possession of premises is entitled to seek electricity connection under Section 43 of the Electricity Act, 2003, despite ongoing property ownership disputes.
Disconnection of electricity without notice is illegal, violating natural justice and statutory obligations, leading to restoration order in favor of the petitioners.
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
Electricity Connection - Duty of licensee to supply on request - It is duty of distribution licensee to provide connection to every eligible applicant by taking necessary steps for which respondents ....
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