ORDER

The action of Respondents 3 and 4 in disconnecting the electricity connection for meter bearing USC No. 14986974, SC No. 50022-91287 and USC No. 14990483 SC No. 50022- 99020 at premises bearing H. No. 5-6-735, Yellammagutta X Road, Saraswathi Nagar, Nizamabad without issuing notice or prior intimation is challenged in this Writ Petition.

2. Petitioners are stated to be the owners of subject premises and have been using the said premises for running workshop to eak out their livelihood. It is stated that petitioners obtained electricity meter with the above USC and SC Numbers and there are no arrears / dues as on today with respect to the the mentioned meters.

While so, Respondents 5 and 6 with the help of some anti-social elements tried to interfere with the peaceful possession and enjoyment of premises allotted to petitioner No.2, who immediately approached the Junior Civil Judge at Nizamabad and filed O.S.No. 338 of 2011 seeking perpetual injunction. In the said suit, interim injunction was granted vide order dated 23.11.2011 which was extended periodically. It is the case of petitioners that to dispossess them from the subject premises, the 6th respondent filed O.S.No. 69 of 2013 on the file of the Special Judge for Trial of Cases under ST / SC seeking eviction. Subsequently, O.S. No. 338 of 2011 filed by petitioners was transferred, to be tried with O.S.No. 69 of 2013 and both the suits are pending.

In the meanwhile, Respondents 5 and 6 influenced Respondents 3 and 4 to disconnect electricity meters for the subject premises. The latter, without issuing show cause notice and assigning valid reasons, disconnected electricity meters standing in the name of petitioners on 24.03.2021. It is stated that petitioners submitted representation on 26.03.2021 to Respondents 3 and 4, however, the department failed to take any action and restore the power supply.

3. Learned counsel for petitioners Sri Mirza Nisar Ahmed Baig Nizami submits that Section 56 of the Electricity Act, 2003 deals with disconnection of supply in default of payment and in the case of petitioners, no dues or arrears are there. It is submitted that action of Respondents 3 and 4 in disconnecting electricity connection to the subject premises is not only illegal, arbitrary but also scant disrespect to the process of law.

4. On 01.04.2021, this Court issued notice before admission and passed the order as under:

“ Having regard to the fact that disconnection of power is without notice to petitioners, the official respondents are directed to restore the power supply forthwith. It was made clear that restoration of power supply is without prejudice to the rights of other parties and will not confer any right on petitioners.”

5. Respondents 3 and 4 have taken out I.A. No. 1 of 2022 to vacate the interim order. In the counter filed along with the said Application, the Assistant Divisional Engineer, Sub- Division, Town-II, TSNPDCL, Nizamabad admitted that SC No.

50022-91287 and 50022-99020 at premises bearing No. 5-6- 735 & 36 were released in the name of petitioners and they are regularly paying consumption charges. It is stated that this respondent is not a party to the civil suits pending between the parties.

During Prajawani held on 08.03.2021, the 6th respondent submitted a representation to the District Collector stating that she is the owner of subject premises and petitioners are illegally staying at her place and obtained power supply vide SC Nos. stated supra, hence, requested to look into the issue and help her in removing the power connection which was illegally obtained by petitioners. The District Collector forwarded the same to Superintending Engineer, Nizamabad for taking necessary action; accordingly, when notice dated 26.03.2021 was issued asking the petitioners to submit ownership documents / leased agreement or any other document to substantiate their legal possession, within a period of one week to the Assistant Engineer, Oper