HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.17209 OF 2024

ORDER:

Heard Sri Kaluvala Venkata Vara Prasad, learned counsel for the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.8, Sri R. Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos. 1 to 5 and Sri Y. Srihari, learned counsel appearing on behalf of respondent Nos. 6 and

7.

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

“ … to issue any appropriate order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 5 in not disconnecting the power connection not removing the electrical pole Iron Fuse Box in the petitioners agricultural land situated in Sy.No. 213 to an extent of Ac.0.39 guntas situated at Laxmapoor Village, Muuduchinthalapally Mandal, Medchal- Malkajgiri District in terms of representation dated 15.12.2023 of the petitioner is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents 1 to 5 to take appropriate action in terms of the petitioner’s representation dated 15.12.2023 in the interest of Justice and pass…”.

3. The case of the petitioner in brief is that the petitoner is the absolute owner and possessor of agricultural land to an extent of Ac.0.39 guntas in Sy.No. 213 situated at Laxmapoor village, Muuduchinthalapally Mandal, Medchal Malkajgiri District. The respondent Nos.6 and 7 in collusion with the brother of the petitioner have erected electrical pole and obtained power connection on their names with respect to the petitioner’s property and are trying to take possession of the petitioner’s property. The respondent No.6 had erected the electrical pole, iron fuse box and obtained power connection in the property of the petitioner. Aggrieved by the same, the petitioner made a representation dated 15.12.2023 to the official respondents requesting the respondents to remove the electrical pole, but the same was not considered. Hence, the writ petition.

4. It is the specific case of the petitioner that in spite of petitioner’s representation dated 15.12.2023 no action has been initiated for disconnection of electricity connection and removal of electrical pole erected in the said land by 6^th respondent herein.

5. Counter affidavit has been filed by the respondent Nos. 1 to 5 and the relevant para Nos.2 and 3 are extracted hereunder:

“2. It is submitted that after receiving the notice in the Writ petition the respondents have visited the site, and one Mr. L. Krishna Murthy w as present at the site and he has informed that he has obtained agriculture service connection bearing Sc. No. 012600394 and the same is located in the said land. On further inspection there is no iron fuse box in the land. There is only one cement pole and from the said pole the power supply is provided to the above referred service connection. On verification of the records, it revealed that the service connection w as released in the year 1997

3. I t is submitted that the L. Krishna Murthy has also submitted a Xerox copy of the pattadar passbook and he has further informed that he is the ow ner of Sy. No.

213 admeasuring Ac 1.37gts and that the agriculture service connection is located in the land and the power supply is being used for agriculture pumpset and agriculture activity is being carried in the said land. The said person has also furnished a copy of the APSEB passbook w hich w as issued earlier to Agriculture category consumers and as per the said passbook the service connection w as released on, 05.02.1997

6. Sri R. Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos. 1 to 5 submits that it has been revealed that the service connection was released in the year 1997, on inspection of the subject site when it was found that the respondent No.6 was present at the site and the respondent No.6 had submitted that he had obtained