SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(TEL) 11179

HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.19334 OF 2024

ORDER:

Heard Sri Sarang Afzulpurkar, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Energy appearing on behalf of respondent No.1, Sri. R. Vinod Reddy, learned Standing Counsel for TSSPDCL appearing on behalf of respondent Nos.2 to 5.

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

“ … to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.5 in rejecting application of the petitioners for granting Electricity for agriculture supply vide proceedings dated 18.05.2024 vide D.No.236/2024- 2025 as arbitrary, illegal, unjust, in violation of fundamental rights guaranteed under Articles 14, 21 of Constitution of India as well as in violation of the orders of the Hon’ble Court in W.P. No. 6378 of 2024 dated 19.3.2024 and I.A. No. 2 of 2024 dated 19.04.2024 and may be pleased to issue consequential direction to the respondent Nos. 2 to 5 to grant the Electricity connection for agriculture supply to the petitioners in the said land admeasuring Ac.1.18 ½ guntas in Sy.No. 716/2/3, Edulavagu in Sadasivpet, Sanga Reddy District and pass...”.

3. Learned Standing Counsel Sri R. Vinod Reddy submits that the writ petition could be disposed of directing the respondents to reconsider the application of the petitioner vide No.NR660233827353 dated 14.12.2023 in accordance to law within a reasonable period.

PERSUED THE RECORD.

4. The order impugned dated 18.05.2024 of the Asst. Divisional Engineer, (Operation), TSSPDCL, Sadasivpet reads as under:

Sub-TSSPDCL Operation Sub Divasion Sadasivpet - Release of Agricultural supply in Agricultural land at Sy No.716/2/3, in Sadasivpet Town of Sadasivpet Sub Division-Reg.

Ref (1) NR660233827353, Dt:14/12/2023.

(2) Your representation letter dated:26/04/2024 (3) Law Attache Opinion Letter, Dt: 16/05/2024.

&&&

With reference to the above, you are registered an application in CSC/Sadasivpet for release of 01No. 5HP Agriculture supply at Sy No.716/2/3, Edulavagu in Sadasivpet Town and Section of Sadasivpet Sub Division vide CSC registration No.NR660233827353, Dt: 14/12/2023.

Further you (K.Nikitha & K.Shivaraj, R/o.Sadasivpet) are given representation stated that to reconsider the application for releasing of supply of electricity to agriculture land in Sy.No.716/2/3, Sadasivpet Town, within two weeks as per Hon'ble High Court order vide IA No.02 of 2024 in Writ Petition No.6378 of 2024.

The undersigned was submitted letter to Law attaché through proper channel for seeking of legal opinion for release of 01No. 5HP Agriculture supply to K.Shivaraj at Sy No.716/2/3 in Sadasivpet Town in view of civil dispute.

The law Attache/Corporate Office/TSSPDCL/

Hyderabad has given opinion that power supply as requested by one of the parties to suit can not be released till the disposal of suit, in case of urgency the parties may be requested to file appropriate petition in OS No.480/2020 and obtain order for release of service connection in the subject property.

Hence your application for release of 01No.

5HP Agriculture supply to K.Shivaraj at Sy No.716/2/3 in Sadasivpet Town was not considered as per legal opinion”.

5. Learned counsel appearing on behalf of petitioner submits that based on the legal opinion with regard to the subject issue and in view of the civil disputes the electiricty service connection had been denied to the petitioner herein and the same is illegal.

6. Learned counsel appearing on behalf of petitioner further submits that the order of Status Quo dated

17.08.2020 passed in I.A. No. 1135 of 2020 in O.S. No. 480 of 2020 pertaining to interim injunction orders in favour of the petitioners thereunder restraining the respondent Nos. 7 and 8 thereunder in O.S. No. 480 of 2020 i.e., 2nd petitioner herein and one P.Venkateswar from alienating the subject property is all that parcel of agricultural land in Sy.No.716/2 admeasuring Ac.2-37 guntas situated at Sadasivapet, but the said order

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top