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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Arqam Industries – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. power supply application processed despite ongoing legal issues. (Para 2) |
| 2. illegal constructions necessitate a focus on lawful title disputes. (Para 3) |
| 3. valid permissions required for utility service provision. (Para 4 , 5 , 6) |
| 4. writ petition dismissal due to lack of merit against ongoing disputes. (Para 8 , 9 , 10 , 11 , 12) |
ORDER:
Petitioners claim to be the owners and possessors of agricultural land in Survey Nos. 67/2 and 67/3 to an extent of Ac.0-22 guntas at Tummanpally Village, Jharasangam Mandal, Sangareddy District. Subsequently, the said lands were converted into non-agricultural lands by the competent authority vide Proceedings dated 20.07.2023. With an intention to establish a Rice Mill on the aforesaid land, they submitted an Application to the 2nd Respondent, who vide Proceedings dated 04.10.2023, granted permission for the construction of the Rice Mill over the said converted lands. It is stated, to extend the proposed Rice Mill construction, they purchased adjacent lands in Survey No.67/3/4 admeasuring Ac.0-12. guntas and also Ac.0.09 guntas in Survey No.67/5/4/2 which were also converted from agricultural to non-agricultural use vide Proceedings
The court ruled that a power supply request cannot be granted due to ongoing land disputes and illegal construction, necessitating the resolution of title issues in civil court.
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.
Court refrained from addressing title disputes; it emphasized compliance with documentation requirements for electricity supply and maintained TGSPDCL's obligation under the Electricity Act.
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.
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