SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Telangana) 1559

THE HIGH COURT FOR THE STATE OF TELANGANA
NAGESH BHEEMAPAKA, J.
 
Gorati Sunitha - Appellant
Vs.
Union of India - Respondent
Writ Petition No. 23776 of 2025
Decided On : 25-11-2025

Advocates:
Advocate Appeared:
For the Appellant : Swathi N
For the Respondent: Deputy Solicitor General of India

Absence of demonstrable evidence of procedural violations by the respondent results in upholding the compliance of legal requirements during the execution of transmission works under relevant statutes.

Headnote:(A) Electricity Act, 2003 - Section 164 and Section 14 - Indian Telegraph Act, 1885 - Section 16(1) - Agricultural land - Allegation of trespass and deviation from approved transmission line - Petitioners failed to demonstrate any substantial evidence of deviation from the approved alignment or violation of statutory provisions governing the execution of works - Court satisfied that the Respondent's actions were within their statutory authority and due process was followed. (Paras 1.1, 4, 12, 14)

(B) Procedural Compliance - The necessity for prior approval and notification was duly met as per relevant statutes, and absence of notices to some petitioners did not constitute a breach of their rights. (Paras 1.3, 10)

(C) Judicial Scrutiny - Petitioners' grievances predominantly relate to technical and engineering matters appropriate for resolution under statutory mechanisms rather than writ jurisdiction. (Paras 11-13)

Facts of the case:
Petitioners claim ownership of agricultural lands where they cultivate crops and allege involuntary execution of transmission works on their private land by the Respondent without notice, consent, or adherence to procedural requirements. They challenge the actions stating those contradict guidelines and assert that transmission line placement could adversely affect their livelihood and village development.

Findings of Court:
Court acknowledges that Respondent No.7 acted within the legal framework and complied with the necessary statutory requirements in executing works.

Issues: Whether Respondent No.7 deviated from approved alignment, acted without authority, or violated the petitioners' rights.

Ratio Decidendi: Court held that evidence did not substantiate petitioners' claims regarding procedural violations or unauthorized actions by the Respondent. Established that minor adjustments in alignment are permissible and that the Respondent's actions conformed to statutory provisions.

Result: Writ Petition dismissed.

Table of Content
1. petitioners' claim of unauthorized land use and lack of notice. (Para 1)
2. respondent's defense against petitioners' claims. (Para 2)
3. court's analysis of compliance with statutory procedures. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
4. established legal validity of respondent's actions. (Para 13)
5. dismissal of the writ petition. (Para 14 , 15 , 16)

ORDER:

NAGESH BHEEMAPAKA, J.

Petitioners assert that they are owners and possessors of agricultural lands in various survey numbers of Kadthal Village and Mandal, Ranga Reddy District, where they have been cultivating crops for more than two decades. They state that their lands contain cattle sheds, pump rooms, workers' rooms, storage rooms for cultivation equipment, iron fencing and paddy farming. They contend that Respondent No.7, without issuing any prior notice, entered their private patta lands, marked the ground with circles and numbers with colour paint and proposed to erect 765 kV transmission towers. They describe this as a highhanded act amounting to trespass and a punishable offence. They claim that when they approached Respondent No.7 and orally objected to the works, the officials refused to acknowledge even a letter issued by the local MLA, dated 08.01.2024, requesting realignment of the transmission line.

1.1. Petitioners contend that Respondent No.7 has been carrying out transmission route approval under Section 164 of the ELECTRICITY ACT , 2003 until 30.01.2025. They rely on e mail dated 28.09.2024 to claim that Respondent No.7 carried out works even before obtaining statutory approval. They further allege that Respondent No.7 is acting contrary to the guidelines and approvals issued by Respondents 1 and 2, including the guidelines issued under No.25-10/27/2023-PG dated 09.06.2023. They state that the Standing Committee Report relating to tower failures from April 2019 to December 2021 demonstrates that non-adherence to guidelines has caused past failures, therefore, Respondent No.7's execution cannot be trusted.

1.2. Petitioners assert that since October 2024, Respondent No.7 has changed the approved route alignment granted under Gazette Notification No. 578 dated 31.01.2025. They specifically allege that Respondent No.7 issued notices to Petitioners 1 to 6 mentioning Angle Points AP-122/0, AP-122A, AP-123, AP-125, AP-126 and AP-130, with tower types DC2+6M, DB1+3, DB2+3M, DC2+0M, DC2+0M, and DD45+6M and specific latitude-longitude coordinates, which, Petitioners claim, are not approved for Kadthal Village under the Gazette Notification. They state that as per the route map obtained under the RTI Act, these Angle Points fall in neighboring villages such as Chintakuntapalle, Keshampet, Chowlapally and Ravichedu, and not in Kadthal Village. They therefore, allege that Respondent No.7 altered the route alignment for its own benefit and is constructing towers at unapproved locations.

1.3. Petitioners further state that while notices were selectively issued only to Petitioners 1 to 6, Respondent No.7 began executing works on the lands of Petitioners 7 to 21 without issuing any notices, without obtaining their consent and in violation of the principles of natural justice. They allege that when they questioned Respondent No.7 about the alignment, they were told that "non-applicant farmers are obstructing the works" and that police forces had been deployed as per permissions granted by Respondent No.4. They assert that this action is illegal, arbitrary, violative of Articles 14, 21, and 300-A of the Constitution of India and contrary to the ELECTRICITY ACT , 2003 and the Works of Licensees Rules, 2006.

1.4. Petitioners further contend that after discovering the markings, they approached Respondents 4, 5, 6 and 7 with written representations dated 02.10.2024, 13.11.2024, 18.10.2024 and 23.10.2024 submitted at the Gram Panchayat as well as respective offices, but no action was taken despite continuous follow-ups. They also rely on an e mail sent by ano

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top