Disconnection of electricity without notice is illegal, violating natural justice and statutory obligations, leading to restoration order in favor of the petitioners.

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, and 7) of Thotaguda Village, Nampally Mandal, Hyderabad, originally belonging to their grandmother, Smt. Mali Muthamma, and have been using the land for cultivation, nursery, and allied activities for decades.

5. The Respondents, particularly the Revenue Authorities, claim the land to be Government property, labelling the Petitioners as encroachers, giving rise to litigation including W.P.No.1409 of 1991 (protection from dispossession); W.P.No.22007 of 1996 (challenging escheat order) ; C.C.No.554 of 1996; W.P.No.26716 of 2013 (challenging the order under A.P. Land Encroachment Act, 1905 (for short ‘1905 Act’). Significantly, this Court vide common order dated 31.08.2005, has set aside the escheat proceedings, holding that title disputes must be decided by civil Courts and entries in revenue records do not confer ownership.

6. Despite the above and the continuous possession of the petitioners, on 21.08.2019, the Tahsildar, Nampally, along with Southern Power Distribution Company Limited (SPDCL) officials, disconnected electricity without notice or show-cause and had taken away the electricity meters. Although meters were returned, supply remains disconnected. The Petitioners, who regularly paid electricity bills, submitted several representations, including on 13.12.2019, all of which were ignored. The disconnection has severely impacted agricultural operations, causing crop loss and threatening their livelihood.

7. In the above backdrop, the present writ petition is filed seeking restoration of electricity supply and protection against interference, pending adjudication of the disputes concerning the subject land.

Submissions of the petitioners

8. Learned Senior Counsel for the petitioners made the following submissions:

i. That Section 43 of the 2003 Act imposes a statutory obligation on a distribution licensee to supply electricity to a consumer upon request. The disconnection of supply in the present case, in the absence of any fault on the part of the petitioners and without adherence to due process, constitutes a clear violation of the statutory mandate.

ii. That the disconnection was effected without issuing any notice to the petitioners, without affording an opportunity of hearing, and without following any procedure that would allow the petitioners to be heard. Such action is in blatant contravention of the well-established principle of “aud