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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.M.MOHIUDDIN
M. Jayakrishna – Appellant
Versus
State Of Telangana, Rep. By Its Principal Secretary – Respondent
ORDER :
G.M.MOHIUDDIN, J.
1. The instant writ petition is filed under Article 226 of the Constitution of India, challenging arbitrary and illegal disconnection of electricity supply to petitioners’ premises bearing Service Connection Nos.K1000703 and J2004676 situated at opposite Bademiya Petrol Pump, Afzalgunj, Hyderabad effected on 21.08.2019 at the instance of the Tahsildar, Nampally mandal, without prior notice or valid reason, in violation of the Electricity Act, 2003 (for short ‘2003 Act’) and contrary to the principles of natural justice, thereby infringing the petitioners’ rights under Articles 14 and 21 of the Constitution.
2. During the pendency of the writ petition, the original petitioner – M. Jayakrishna expired on 09.08.2023. Consequently, the said legal heirs continue to pursue the grievance raised herein.
3. Heard Sri Vedula Srinivas, learned counsel representing Smt Vedula Chitralekha, learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents and perused the material on record.
Factual matrix (in brief)
4. The case of the petitioners is that they are in lawful possession of Survey Nos. 17, 18, and 19 (T.S.Nos.9, 8, a
Disconnection of electricity without notice is illegal, violating natural justice and statutory obligations, leading to restoration order in favor of the petitioners.
Occupiers have a statutory right to electricity supply regardless of the landlord's disputes, which must be resolved in appropriate civil venues.
Electricity connection cannot be disconnected without prior notice, adhering to principles of natural justice under Section 43(1) of the Electricity Act.
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