ORDER:

Heard Mr.K.Kiran Kumar, learned counsel appearing on behalf of petitioner and Mr.R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos.1 to 5.

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

“…......to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 to 5 more particularly the action of the 5th respondent in not providing the electricity connection to the petitioner's property despite making the estimate and sanction vide Estimate No.E-2024-90-01- 12-02-005 dt.27.04.2024 by erecting 9.1 meter pole at the petitioner's property situated near Sy.no.66/AA and 66/U at Nandigama Village, Patancheru Mandal, Sangareddy District on the pretext of pendency of civil suit at the instance of the 6th respondent as illegal, arbitrary, unconstitutional and as Violative of Article 14 and 21 of constitution of India and also violative of section 43 of the Electricity act, 2003 and consequently direct the Respondent Nos.2 to 5 to forthwith Provide the electricity connection to the pole erected by the department at the petitioner's property without reference of the pendency of the Civil Suit as mentioned in the Impugned Letter of the 5th respondent dt.27.04.2024 signed on 20.05.2024 and to 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, as per the averments made by the petitioner in the affidavit filed in support of the present w rit petition is as follow s: It is submitted by the GPA Holder of the petitioner, who is the mother of the petitioner herein that, the property is owned by the petitioner who is her son to the extent of half share in the open land in Sy.No.66/AA and 66/U admeasuring 2760 sq. yards at Nandigama Village, Patancheru Mandal, Sangareddy District by virtue of a Registered Gift Deed bearing Doc.No.14417 of 2023 dt.25.08.2023. As the petitioner went to UK for studies, before going there, executed a GPA in her favour on 26.01.2024 and therefore, to look after the property and the present dispute, she is filing present affidavit.

ii) The G.P.A. Holder of the petitioner has requested for an electricity connection by erecting the poles by making an application vide NR677243982073 on 14.04.2024 to the Respondents herein for execution of the work to erect a pole and to give the electricity connection to their property. Along with the application she made the necessary payments for the estimate cost and the same is not under dispute. The respondents herein through the 5th respondent, having considered their application, conducted the enquiry and made the estimate with regard to erection of pole at the required premises of the property and sanctioned the same vide Estimate No.E-2024-90-01-12-02-005 dt.27.04.2024 on their request on 27.04.2024 and the pole was erected at the schedule property the connection was withheld.

iii) Further it is stated that, under the impugned letter of the 5th respondent vide Ref.No.DEE/OP/SNG/COMM/F.No./LT/ D.No.253/2024-25, dt.27.04.2024 signed on 20.05.2024 stating that, one M.K.Prabhakar who is the husband of the 6th respondent herein has called him and made a complaint that an illegal pole is erected on BT Road which is in his patta land of Sy.No.66 and therefore, as her neighbour has raised an objection, directed her to settle the same as a precondition to give the supply.

iv) It is further averred that, the 6th respondent herein without having any right seems to have lodged the complaint against the petitioner and his G.P.A Holder and allegedly filed O.S.No.198/2024 through his wife on the file of Hon'ble Junior Civil Judge, Sangareddy for perpetual injunction on the basis that by virtue of the erection of the pole on the BT Road, the cart road is blocked and therefore sought for injunction not to interfere and not to construct any road or struc