A party must demonstrate lawful ownership or possession to obtain electricity connections; pending civil disputes cannot be overlooked by administrative authorities in granting such connections.

ORDER:

NAGESH BHEEMAPAKA, J.

Petitioners claim to be the joint owners and possessors of land admeasuring Acs.2.39 guntas in Survey No. 105 Part at Kompally Village, Quthbullapur Mandal, Medchal- Malkajgiri District, having acquired the same under registered sale deeds executed in their favour by Sri Katari Venkata Ramaraju, S/o late Katari Subba Raju and another, and that an undivided one-sixth share was earlier sold in favour of Smt. Y.D. Sriveni, W/o Sri Y.S. Dharma Reddy. They assert continuous, peaceful and exclusive possession of the entire scheduled property, including the 1/6th share, since about 2000, and that they constructed a compound wall around the entire property and operate a commercial marriage hall therein under the name and style of “KVR Convention.”

1.1. Petitioners say that despite their exclusive possession and long-standing use of the premises (including electricity service connections already standing in their name under Service Nos. 060104237 and 060113962), Y.S. Dharma Reddy, who is the father of Respondents 4 and 5 and nephew of Petitioner No.1, began demanding additional consideration. On 29.07.2022, they unlawfully trespassed into the scheduled property with local anti-social elements, broke a portion of the compound wall and attempted forcible possession. Petitioner No.1 therefore, is stated to have lodged a complaint before Petbasheerabad Police Station on 30.07.2022, which resulted in registration of FIR No. 617 of 2022 for offences punishable under Sections 447 and 427 IPC; a counter-complaint by Y.S. Dharma Reddy led to FIR No. 618 of 2022 for offences under Sections 447 and 506 IPC. Aggrieved by the trespass and threats, Petitioners instituted O.S. No. 144 of 2022 (Declaration of Title and Perpetual Injunction) before the II Additional District Judge’s Court, Medchal-Malkajgiri and obtained an order of status quo on 10.02.2023. Respondent No.4 (the daughter of Y.S. Dharma Reddy) also instituted O.S. No. 541 of 2022 before the II Additional Junior Civil Judge’s Court, Medchal-Malkajgiri, where I.A. No. 837 of 2022 for interim injunction was dismissed; these proceedings show that title and possession are sub judice in civil courts and, in the Petitioners’ submission, the dispute cannot be unilaterally determined by administrative authorities.

1.2. Petitioners state that notwithstanding the pendency of civil litigation and the existing connections in their name, Respondents 4 and 5 applied to Respondent No.2 for non-domestic and commercial electricity connections in respect of the same property under Registration Nos. NR10722794503 and NR10722794484 (and connection numbers referred to as 10722794503 & 10722794489 in the record). Petitioners are stated to have submitted detailed representation dated 02.01.2023 objecting to any new connection and drawing attention to the pending civil suits and their possession, but were informed by the electricity authorities that connections would be issued unless there was a court order to the contrary.

1.3. Petitioners explain that they filed Writ Petition No. 289 of 2023 on 03.01.2023 challenging the grant, but the Registry raised a maintainability objection because the writ was filed the next day after the representation without giving the authority reasonable time; on 04.01.2023 the Court upheld the objection and granted liberty to re-approach after 15 days or upon any adverse order. Petitioners caused a legal notice to be issued on 04.01.2023 asking the official Respondents not to grant any power connection without disp