HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.10932 OF 2024

ORDER:

Heard Mr.Mohammed Aslam, learned counsel for the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of respondent No.1 and Mr. R. Vinod Reddy, learned Standing Counsel for TSSPDCL appearing for respondent Nos.2 and 3.

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

“ … to issue any Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS by directing the respondents Nos.1 to 3 to restore electricity service meter vide S.C.No.S9032117 in respect of the flat No.302, 3^rd floor, Key’s Abbas Residency Apartments, Minar Colony, Tolichowki, Golconda, Hyderabad T.S. and pass such order or orders as deemed fit and proper in the circumstances of the case.”

3. The case of the petitioner in brief is that the petitioner is the tenant of the flat No.302, on 3^rd floor, Key’s Abbas Residency Apartments, Minar Colony, Tolichowki, Golconda, Hyderabad and the petitioner had obtained the said flat on rent from respondent No.4 and a rental agreement was executed by the respondent No.4 on 27.01.2022 on a monthly rent of Rs.11,000/- and maintenance of Rs.1,500/- per month. Presently, petitioner is paying monthly rent of Rs.11,550/- apart from Rs.1,500/- towards monthly maintenance amount. It is further the case of the petitioner that respondent No.4 and her family members started interfering into petitioner’s peaceful possession over the said rented flat and tying to dispossess the petitioner without following due process of law and on 07.01.2024 the respondent No.4 irregularly entered into petitioner’s subject rented flat and threatened the petitioner to vacate the said flat. After petitioner lodged a complaint dated 16.01.2024 before Lunger House P.S. and registered a case in Cr.No.25 of 2024, respondent No.4 requested the petitioner to stay in aforesaid flat. On 04.03.2024, respondent Nos.2 to 4 along with their staff visited petitioner’s rented flat and without any prior intimation, respondents 2 and 3 removed the electricity service meter vide S.C.No.S9032117 under the influence of respondent No.4. Later on 27.03.2024, the petitioner gave a representation to respondent Nos.2 and 3 to restore service electricity meter of the said flat, however, the respondents did not act upon the same. Aggrieved by removal of electricity service meter high handedly by the respondent Nos.2 and 3, petitioner filed the present writ petition.

PERUSED THE RECORD

4. Few relevant provisions are extracted hereunder:

a) Sub-section (1) of Section 42 and Sub Section (1) of Section 43 of the Electricity Act, 2003, are extracted hereunder:

"42. Duties of distribution licensees and open access-(1) It shall be the duty of a distribution licensee to develop and maintain an efficient co-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act.

"43(1). Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply:Provided that where such supply requires extension of distribution mains, or commissioning of new sub- stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate Commission b) A bare perusal of Sub-Section (1) of Section 42 clearly indicates that every distribution licensee has a duty to develop and maintain an efficient co-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act. Sub-section (1) of Section 43 provides that every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of