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2024 Supreme(Online)(TEL) 14803

I N THE HI GH COURT OF TELANGANA AT HYDERABAD W.P.No.24358 OF 2023 Betw een:

Chinala Mahesh & another … Petitioners And The State of Telangana & others … Respondents JUDGMENT PRONOUNCED ON: 03.06.2024 THE HON’BLE MRS JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes see the fair copy of the Judgment?

__________________

SUREPALLI NANDA, J THE HON’BLE MRS JUSTI CE SUREPALLI NANDA W.P.No.24358 OF 2023 % 03.06.2024 Betw een:

# Chinala Mahesh & another ... Petitioners And $ The State of Telangana & others … Respondents < Gist:

> Head Note:

! Counsel for the Petitioners : Mr.J.Suresh Babu ^ Counsel for Respondents : Govt. Pleader for Energy for R1 Mr.R.Vinod Reddy, for R2 and R3 Mr.S.Malla Rao, for R4 ? Cases Referred:

(1) 2023 LiveLaw (SC) 453 (2) (2011) 12 Supreme Court Cases 314 (3) 2022 LiveLaw 570 HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.24358 OF 2023

ORDER:

Heard Mr.J.Suresh Babu, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Energy appearing on behalf respondent No.1, Mr. R. Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos. 2 and 3 and Mr.S.Malla Rao, learned counsel appearing on behalf of respondent No.4.

2. The petitioners approached the Court seeking prayer as under:

“ … to call for the records by issuing an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent herein unilaterally removal of poles laid down and also stopped the supply of current applications on 25.06.2020 vide their application Reg. No.NR908203081056 with PR Number 90806057322 NR908203081044 with PR Number:90806057321 under Agriculture category for electricity new service connection to an extent of Ac.8-20 Gts., out of Ac.17-00 Gts having Dakhala number 554 bearing Sy.No. “O” situated at Badeshaguda H/o.Bogaram Village, Keesara Mandal, Medchal-Malkajgiri District is being arbitrary, illegal, violative of Articles 14, 21A and

300-A of the Constitution of India and pass...”

3. The case of the Petitioners, in brief, as per the averments made in the affidavit filed by the Petitioners in support of the present w rit petition, is as under :

a) The petitioners’ late father Ramulu along with his brother has purchased the subject land admeasuring Ac.17.00 gts., having Dakhala Number 554 bearing survey No.”O” from Meer Mehdi Ali Khan, who is the Maqtadar of the said land about 35 years back and got the said land through Muntakhab issued by Nazim Atiyyaat vide order dated 23.03.1956 in File No.5338, and since then the father of the petitioners and his brother are in continuous possession and enjoyment of the said lands.

b) Thereafter, the petitioners’ father along with his brother had applied for Occupancy Right Certificate under Section 8 of Inam’s Abolition Act, 1955. On receipt of application for issuance of Occupancy Rights Certificate, the learned Revenue Divisional Officer, East Division Ranga Reddy District, gave notice to the effected parties and also directed the then Mandal Revenue Officer, Keesara to submit a report on the application of father of the petitioners.

c) The Mandal Revenue Officer, Keesara submitted a report and on receipt of objections by the 4th respondent and also by the brother of 4th respondent, the Revenue Divisional Officer conducted detailed enquiry. Upon completion of enquiry, Occupancy Rights Certificate was granted in File No.J/5358/1998 dated 12.06.2000 rejecting the claim of the father of the petitioners that the survey Number ‘O’ was officially recognized by Nazim-e-Zamabandi and sanctioned Ain-Izafa and the boundaries of the subject property are different and distinct from that of the land of the 4th respondent and his brother herein. Thereafter, the Joint Collector, Ranga Reddy District vide Order dated 05.10.2004 in File No.F1/5730/2000 cancelled the Occupancy Rights Certificate issued to the petitioners and also cancelled the ORC issued in favour of the 4th respondent and his brother on the ground that the land in question is a grazing land treating the same as Government land.

d) Further it is the case of the petitioners that the petitioners made online separate applications on 25.06.2020 vide their application Reg.No.NR908203081056 with PR Number 90806057322, NR908203081044 with PR Number: 90806057321 under Agriculture category for electricity new service connection but the said application was not considered. The petitioners on

12.04.2023 applied for New Connection under Agricultural Category vide Online application Reg.No.NR90823864074 and another application vide Reg.No.NR 90823864048. However, the respondents failed to consider the applications of the petitioners.

Hence the present writ petition.

PERUSED THE RECORD

4. Section 43 of the Electricity Act, 2003 reads as under:

“Section 43. (Duty to supply on request)

(1)(

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