ORDER:

Heard Mr. Mirza Nisar Ahmed Baig Nizam, learned counsel for the petitioners, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1, Mr. Zakir Ali Danesh, learned Standing Counsel appearing on behalf of respondent Nos. 2 to 4 and Ms. Deepthi, learned counsel appearing on behalf of respondent Nos.5, 6 and 7.

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

“ … to issue an a Writ more particularly one in the nature of Mandamus declaring the action of the respondents more particularly respondent Nos. 2 to 4, 7 herein in disconnecting electricity connection for electricity meter bearing USC No. 14986974 SC No. 50022-91287 & USC No. 14990483 SC No. 50022- 99020 at premises bearing H.No.5-6-735, Yellammagutta X Road, Saraswathi Nagar, Road No. 1, Nizamabad, Telangana for alleged default of payment of electricity charges despite no dues or arrears in disconnecting electricity supply without issuing 15 days prior notice as required U/s 561 of The Electricity Act 2003 in disconnecting electricity connection on the very same day vide alleged notices dated 27/04/2024 in harassing the petitioners continuously to sell off petitioners property to unofficial respondent Nos. 5 and 6 herein as illegal arbitrary and in clear violation of The Electricity Act 2003 against the legal and fundamental rights of the petitioners against the principles of natural justice and in consequence direct respondents herein to restore electricity connection to petitioners immediately not to harass petitioners and pass such other and further orders as deemed just and necessary in the facts and circumstances of the case”.

3. The case of the petitioners, in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present w rit petition is as follow s:

It is the specific case of the petitioner that the respondent Nos. 2 to 4 and 7 disconnected the electricity connection for electricity meter bearing USC No. 14986974, SC No. 50022-91287 & USC No. 14990483 SC No. 50022- 99020 at premises bearing H.No. 5-6-735, Yellammagutta X road, Saraswathi Nagar, Road No.1, Nizamabad of the petitioners for alleged default of payment of electricity charges despite no dues or arrears and they issued notice dated 27.04.2024 projecting the petitioners as defaulters.

Hence the writ petition.

PERUSED THE RECORD

4. The impugned notice dated 27.04.2024 reads as under:

“ It is hereby informed that since you have not paid the pending bills for S.C. No. 91287, Yellammagundla Village, power supply has been disconnected from 27.04.2024. The meter reading at the time of disconnection of power supply is 15256. Further if the pending bills are paid, power supply will be restored.

Without making payments for the pending bills if power is used directly or from the meter or from any other service, action will be taken as per law for which you may be sent to jail or penalty may be levied”.

DI SCUSSI ON AND CONCLUSI ON

5. I t is the specific case of the petitioner that the petitioner is not in arrears or in default of payment of electrical charges but how ever the impugned notice dated 27.04.2024 w as issued for disconnecting of pow er supply. The learned counsel for the petitioner submits that the said notice for disconnection of pow er supply is dated 27.04.2024 and the pow er supply w as disconnected on 27.04.2024 itself w ithout any prior intimation to the petitioner even though the petitioner has no dues or arrears. Mr. Zakir Ali Danesh, learned standing counsel appearing on behalf of respondent Nos. 2 to 4 on instructions on the other hand submits that the impugned notice dated 27.04.2024 had been issued in the prescribed format in a routine manner and in fact the petitioner has no dues or arrears. The said submission of the learned standing counsel is brought on record.

6. Learned Standing Counsel appearing on behalf of respondent Nos.2 to 4 referring to the earlier order of this Court dated 14.02.2