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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
| Table of Content |
|---|
| 1. illegality of electricity disconnection without due process. (Para 1 , 5 , 6 , 20) |
| 2. petitioners' arguments regarding unlawful disconnection. (Para 8) |
| 3. respondents' justification for disconnection based on encroachment. (Para 9) |
| 4. court's analysis on natural justice and statutory obligations. (Para 11 , 12 , 13 , 14 , 15 , 19) |
| 5. order to restore electricity and compliance provisions. (Para 21) |
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 co
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.
Disconnection of electricity without notice violates principles of natural justice.
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