Back
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 17558 OF 2022 Between:
Rahat Unnisa, W/o Mohammed Raheemuddin, Aged About 38 years, Occ. House Wife, Residing at H. No. 1-4-8121A, Bholakpur, Musheerabad, Hyderabad, Telangana State.
...PETITIONER AND
1. The State of Telangana, Represented by its Principal Secretary, power and Energy Department, Secretariat, State of Telanqana. Hvderabid
2. Southern Power Distribution Company of T.S. Ltd., Refresented by its pivls-1o1q! Engineer. Operation, lndira Park, Gandhi Nagar Division, TSSPDCL, Hyderabad The Southern Power Distribution Company of Telangana Ltd., Rep. by its Chairman and Managing Director. Corporate Office, b-1-50, 4th Fioor; Mint Compound, Hyderabad.
4 Mohammed Omer, Late C. Mohammed Sahab, Aged about 50 years, Occ.
!.an! lord Residing at1-4-548, Bholakpur, Musheerabad, Hyderabad.
5 Mr. Md. Akheel, S/o. Late Md. Shafi, R/o. H.No. 1-4-B12lA, b6side Star Hotet, Bholakpur, Musheerabad, Hyderabad, T.S.
R5 is lmpleaded as per Court Order dated0817l202r', '.O..Ifi"rJro0*??*r"
Petition under Article 226 of the Constitution of lndia praying that in the I circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 2nd and 3rd in disconnecting the power supply to the petitioner building in H. No. 1-4-Bj2tA, situated at Bholakpur, Musheerabad, Hyderabad, Telangana State as illegal, arbitrary and violation of Principals of Natural Justice, consequenfly direct the 2nd Respondent to release the power supply to the petitioner IA NO: 1 OF 2022 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to release the power supply to the petitioner building .e., H.No. 1-4-8121A, situated at Bholakpur, Musheerabad, Hyderabad, Telangana State which was disconnected by them on 2010312022 Counsel for the Petitioner: SRI K. DEVANATH Counsel for Respondent No. 1: Gp FOR ENERGY Counsel for Respondent Nos. 2 & 3: SRI R. VINOD REDDY, SC FOR TSSPDCL Counsel for Respondent No. 5: SRI yV. V. V. S. JWALA The Court made the fotlowing: ORDER I ,/,,/
THE HONOURABLE SRI JUSTICE B.VIJAYSEN RBDDY WRIT PBTITION No.17558 of 2022 ./
['K DEVANATH', 'GP', 'R VINOD REDDYSC', 'A SAIDULU']
ORDER:
Admittedly, petitioner is tenant of subject property bearing premises H.No.1-4-812lA situated at Bholakpur, Musheerabad, I{yderabad. The I I petitioner claims to have taken the subject property under rental agreement herein.
dated 3.4.2014 executed by 4th respondent The 4th respondent filed suit in O.S.No. 105 6 of 2020 for perpetual injunction before X Junior Civil Judge, City Civil Court, Hyc'lerabad, which was dismissed for default on 6.6.2020.
2.
The 5th respondent who was impleaded vide order dated 8.7.2022 in I.A.No.2 of 2022 contends that he is the actual owner of the subject property and there is a collusion between petitioner and the 4th respondent. In the counter filed by 5'h respondent, it is stated that he purchased the subject property under registered sale deed bearing document No.3780/2014 dated 6.i1.2014 fron the father-in-law of petitioner. It is further stated by the 5'h respon'.lent that the rental agreement dated 3.4.2014 is a forged document and he may be given liberty to take appropriate action against the petitioner. The 5'h respondent got issued legal notice dated 18.5.2022 to the husband of petitioner, calling upon to I pay arrears ol rents and has aiso given application to the respond\
authorities 1o ciismantle the electi icity meter in respect of petitioner's poaion.
3.
It is represented by the learned Standing Counsel for TSSpDCL that pursuant to the interim order dated 12.4.2022 passed by this Court, power supply has been restored ro rhe subject prenrises.
4.
The dispute between the petitio.er and the 5th respondent is a tenant landlord dispute. It is not the case of :ith respoirdent that the petitioner has I I not occupiecl the premises. If there is a default committed by the LI petitioner in payment of electricity arears, the 5th respondent may invoke appropriate remedy under law. Howev,:r, it is the contention of the learned counsel for the petitioner that withor-rt issuing any prior notice, power supply was disconnected. Merely because there is a dispute between I petitioner and 5'h respondent and there is a allegation that the petitioner fell in arears of electricity dues, the same cannot be a ground to request the : official respondents to dismantle the electricity meter and unless the petitioner is dispossessed from the subject property by following due process ol law, petitioner is entitred tc, have power supply. As it is stated by the leamed Standing Counsel that power supply has been restored, no further orders are required to be passed in this writ petition.
8.
Subject to the above, the writ petition is disposed of. However, liberty is given to respondents 4 and 5 to institute suit for eviction or any other appropriate remedy against the petitioner. The misceilaneous petitions pending if any, shall stand closed. There shall be no order as to costs.
I Sd/- N. CHANDRA SEKHAR RAO RiGFiCIR /
AdsibiANi oY'
//rRUE gFFrcER aEcroN To, .
'1 The Principal Secretary, Power and Energy Department, State of Telangana Secretariat, State of Telangana, Hyderabad
2. The Divisional Engineer, Southern Power Distribution Company of T.S. Ltd., , lndira Park, Gandhi Nagar Division, TSSPDCL, Hyderabad
3. The Chairman and Managing Director, The Southern Power Distribution Company of Telangana Ltd., Corporate Office, 6-1-50, 4th Floor, Mint Compound, Hyderabad.
4. One CC to Sri K Devanath Advocate IOPUCI
5. Two CCs to GP For Energy, High Court for the State of Telangana. [OUT]
6. One CC to Sri Y. V. V. V. S. Jwala, Advocate (OPUC)
7. One CC to Srl R. Vinod Reddy, SC for Telangana State Southern Power Distribution Corporation Limited (OPUC)
8.
Two CD Copies
9. P One Spare Copy )
HIGH COURT DATED:2010712022 I STAI€
(: :)
o 23 AUB ?0Tt ,J ORDER WP.No.17558 2022
I
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
