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2024 Supreme(Online)(TEL) 15748

HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.596 OF 2024

ORDER:

Heard Mr. Rapolu Bhaskar, learned counsel for the petitioner, Mr. R. Vinod Reddy, learned Standing Counsel for TSPDCL, appearing on behalf of respondent Nos. 2 to 6.

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

“ … to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.5 and 6 in interfering into the peaceful power consumption of the petitioner name in respect of the Service Connection No.06070262 on the petitioner house bearing No. 12-10-407/7, Beedal Basti, Namalagundu, Secunderabad Hyderabad District and trying to disconnect the power connection of the petitioner without issuing any notice and without following the due process of law is highly illegal, arbitrary unconstitutional in violation of principles of natural justice and also in violation of Articles 14, 19 (1) (g) 21 and 300A of the Constitution of India apart from violation of provisions of Electricity Act and consequently direct the respondent Nos. 5 and 6 not to interfere into the peaceful power consumption of the petitioner name in respect of the Service Connection No 06070262 on the petitioner house bearing No.12-10-407/7 Beedal Basti, Namalagundu, Secunderabad, Hyderabad District and not to disconnect the power connection of the petitioner to issue the notice and to follow the due process of law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner in brief is that the petitioner is the absolute owner and possessor of House bearing No.12-10-407/7, Beedal Basti, Namalagundu, Secunderabad Hyderabad District. The respondent Nos.5 and 6 are interfering in petitioner’s peaceful consumption of power supply and they are trying to disconnect the petitioner’s electrical service connection under the influence of respondent No.7 who is the own brother of the petitioner. Hence the writ petition.

PERUSED THE RECORD

4. The counter affidavit has been filed by the respondent Nos.2 to 6, para Nos.2, 3, and 4 of the said counter reads as under:

“ 2. I t is submitted that the service connection bearing SC. No. V6070262 w as released in the name of the mother of the petitioner ie, Kamalekar Kamala Bai in the premises bearing H. No. 12-10-407/ 7, Beedal Basthi, Namalgundu, Secunderabad long back.

3. It is submitted that the 7th Respondent herein has submitted an application for transfer of the Title of the above referred service connection. The 7th Respondent has filed Registered Gift Settlement Deed dated 21.08.2023 which reveals that Mr.Kamelakar Kasiram S/o. Late K. Lakhsman has gifted the H. No. 12-10-407/7, Bedalabasthi, Namalagundu, Secunderabad to Mr. Kamalakar Kiran Kumar, Mr. Kamelakar Lakshman and Mr. Kamelakar Shiv Kumar. The three persons in whose favour the Gift Settlement Deed were executed are the sons of Mr.

Kamelakar Kasiram.

4. It is submitted that as per the contents of the Gift Settlement Deed, Kamelakar Kasiram is the absolute owner and possessor of the said house as he has inherited the same from Smt. Kamelakar Kamala Bai. The 7th Respondent has also enclosed copy of Indemnity Bond and No objection cum consent Letter issued by Mr. Shiv Kumar, Lakshman and as the said application was found to be in compliance of the General Terms and Conditions of Supply, the title of the service connection was transferred on to the name of the 7th Respondent. I f the petitioner has got any grievance he has at a liberty to approach the competent civil court.

DI SCUSSI ON AND CONCLUSI ON

5. Mr.R. Vinod Reddy, learned Standing Counsel appearing on behalf of respondent Nos.2 to 6 SUBMITS that respondent Nos. 2 to 6 will not interfere in any manner with respect to peaceful consumption of power supply through electrical service Connection No.06070262 of the petitioner for petitioner’s house bearing No.12-10-407/7, Beedal Basti, Namalagundu, secunderabad Hyderabad District.

6. Section 43 of the Electric

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