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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Bhumaraju Edukondala Raju – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. 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 owne
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 court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
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 ....
An occupier is entitled to apply for an electricity connection under the Electricity Act, 2003 and HPERC Regulations, and the lack of ownership of the land does not preclude the occupier from seeking....
Occupiers have a statutory right to electricity supply regardless of the landlord's disputes, which must be resolved in appropriate civil venues.
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,....
It is clear that documents, which are referred to in the said clause, shall be considered as acceptable as proof of ownership or occupancy of the premises. The petitioner has produced the latest muni....
Only lawful occupiers are entitled to electricity supply under Section 43 of the Electricity Act, and the petitioner failed to prove his legal occupancy.
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