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2024 Supreme(Online)(TEL) 23705

HIGH COURT OF TELANGANA
SUREPALLI NANDA, J
Donda Bhasker – Appellant
Versus
Southern Power Distribution Company of Telangana – Respondent
WP/1544/2024



A writ petition cannot be entertained when the matter is pending in civil litigation, reaffirming the principle of respecting judicial processes.

Headnote:(A) Constitution of India - Articles 14, 19, 21, 300A - Writ of Mandamus - Petitioner sought to declare the action of respondents as illegal for not acting on a complaint regarding an electricity meter amidst ongoing civil litigation - Court found no merit in the petition due to pending civil suits. (Paras 2, 4, 8)

(B) Principles of Natural Justice - The petitioner claimed violation of natural justice due to the issuance of a new electricity meter despite a status quo order in place.

(C) Relief sought - The limited relief sought was to direct the respondents to consider the petitioner's representation regarding cancellation of the electricity meter.

Findings of Court:
The court noted the ongoing civil suits and declined to grant the relief sought, emphasizing that the matter should be resolved in the appropriate civil forum.

Issues: The primary issue was whether the court should intervene in a matter already under consideration in civil litigation.

Ratio Decidendi: The court ruled that it would not grant relief in the writ petition as the matter was sub judice, and the appropriate course of action would be to await the outcome of the civil suits.

Result: Writ Petition dismissed.

ORDER:

Hear d Sr i Mallela Bh ask ar , lear n ed cou n sel appear in g on beh alf of t h e pet it ion er , Sr i R. Vin od Reddy , lear n ed St an din g Cou n sel for TSSPDCL, appear in g on beh alf of r espon den t Nos.1 t o 4 an d Sr i Jan ar dh an Reddy Kot h a, lear n ed cou n sel appear in g on beh alf of r espon den t No.5 .

2 .Th e pet it ion er appr oach ed t h e Cou r t seek in g pr ayer as u n der :

“… to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not taking any action upon the Petitioner’s Complaint dated 13.12.2023 and not cancelling the new electricity Meter vide bearing USC No.113438669 which is allotted to the Respondent No.5 in pendency of the Civil Suit and granted ‘status quo’ Order in I.A.No.684 of 2021 in O.S.No.929 of 2021 (new O.S.No.884 of 2022) passed by the Honourable Addl. Junior Civil Judge Cyberabad at Kukatpally, Order dated 18.11.2021 for the Schedule of Property bearing House Door No.5533/ V/ 60, Situated at Vignanapuri Colony, Allwin Kukatpally Village and Mandal, Medchel-Malkajgiri District, is illegal, arbitrary, contrary to law and violative of Principles of Natural Justice offending my rights under Article 14, 19, 21, 300A of the Consequently of India and consequently direct the Respondents to consider the Petitioner’s Representation dated 13.12.2023 and 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, is that the petitioner purchased property bearing Door No.5-533/ V/ 60 admeasuring 300 sq. yards in Survey No.442, 444, 445, 448 and 449, situated at Vignanapuri Colony, Allwin Kukatpally Village and Mandal, Medchal- Malkajgiri District, through a registered sale deed dated 11.11.2021. However, after conducting a Survey, the Tahsildar confirmed the actual area to be only 260 Square yards. The petitioner has been in possession of the property, since the purchase and has been regularly paying electricity bills for an electricity connection issued in his name, vide USC No.113404419. Subsequently, respondent No.5 started to unlawfully interfere with the possession of the petitioner’s property and aggrieved by the same, the petitioner filed a Civil Suit vide O.S.No.929 of 2021 before the Additional Junior Civil Judge, Cyberabad, Kukatpally and "Status Quo" order was granted. Despite the status quo order, respondent No.5 obtained a new electricity meter vide USC No.113438669 for the same property, violating the Court order. Aggrieved by the same, the petitioner subsequently filed a Writ Petition No.30196 of 2023 seeking to replace the new meter with the original one, and this Court vide order dated 14.11.2023 allowed the writ petition. The petitioner also made a complaint dated 13.12.2023 to the respondent authorities regarding the issuance of illegal meter, but no action has been taken.

Aggrieved by the same, the present writ petition is filed.

4 .The limited relief as sought for by the petitioner in the present writ petition is a direction to the official respondents herein to consider the representation of the petitioner dated 13.12.2023 pertaining to the cancellation of the Electricity Meter vide bearing USC No.113438669 of respondent No.5 herein.

5 .Sri R. Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos.1 to 4 submits that Civil Suit vide O.S.No.884 of 2023 is pending and therefore, the respondent- Corporation at this stage cannot initiate cancellation of the Electricity Meter vide bearing USC No.113438669 of respondent No.5 herein.

6 .Th e cou n t er affidavit h as been filed on beh alf of r espon den t No.5 an d in par t icu lar par agr aph Nos.7 , 8 an d 9 of t h e said cou n t er affidavit is ex t r act ed h er eu n der :

7 . I submit that I have brought a suit for declaration and perpetual injunction against the writ petitioner herein and one B. Dhana Laxm

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