IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 21054 OF 2021

06.01.2026 Between:

K. Mahindra ….. Petitioner And The Central Power Distribution Company of Telangana State Limited, Rep. by its Superintending Engineer, Operations Circle, TSSPDCL, Medak, Sangareddy & three others.

….. Respondents

O R D E R:

The above Writ Petition is filed impugning the order of the first respondent dated 30.7.2021 directing the petitioner to pay pending arrears of previous owner as a pre- condition to release power supply in respect of the petitioner’ application No. NR652213330045 in respect of premises admeasuring 2222.2 sq yds. situated in Sy. Nos. 346 and 348 of Domadugu Village, Jinnaram Mandal, Medak District as illegal, arbitrary, contrary to law and unconstitutional and set aside the same and consequently direct the respondents to forthwith release the power supply in respect of petitioner’s application No. NR652213330045 for premises admeasuring

2222.2 sq. yds. situated in Sy No. 346 and 348 of Domadugu Village, Jinnaram Mandal, Medak District.

2. Petitioner states that one Jitender Agarwal was owner of land admeasuring Acs. 4.10 guntas in Survey No. 348 and another bit of land admeasuring Ac. 0.28 guntas in Survey No. 346, totally admeasuring Acs. 4.38 guntas situated at Domadugu Village, Jinnaram Mandal, Medak District. The said Jitender Agarwal sold Ac. 1.10 guntas in favour of one K. Gopi and Acs. 3.28 guntas in favour of K. Padma. It is stated, the said Padma leased out land with shed in Survey Nos. 346 and 348 to an extent of 2222.2 square yards in favour of petitioner under a Registered Lease Deed dated 24.01.2014 for establishing his own business and he spent huge amount on renovation and also placed order for machinery by investing huge amount. In the said process, he is stated to have approached Respondents for new Service Connection, however, his Application was rejected on the ground that there were electricity arrears due on the said premises and that unless the same are cleared in full, no new Service Connection can be granted.

2.1. Petitioner further contends that arrears of previous owner cannot be paid by him, hence, once again, he made an Application for release of new Service Connection and the same was also rejected. Therefore, he filed Writ Petition No. 9101 of 2021 wherein this Court by order dated 07.07.2021 directed Respondents therein to receive the Application of petitioner and process the same in accordance with law. It is stated that pursuant to the said order, respondents received the Application of petitioner and issued the impugned proceedings directing him to pay pending dues of Rs. 25,95,146/- (Rs. 7,20,874/- towards Principal + Rs.18,74,272/- towards surcharge calculated up to 07.11.2013) and also surcharge till the date of release of power. It is contended that there is no basis for Respondents to issue the impugned proceedings and petitioner cannot be directed to pay electricity dues of the previous owner.

3. By order dated 02.11.2021, this Court having regard to the facts and circumstances of the case, pending further orders, directed respondents to consider petitioner’s Application No. NR652213330045 for releasing power supply to the subject premises, on his depositing Rs. 15 lacs within tw weeks from the date of receipt of a copy of the said order.

4. Learned Standing Counsel Sri N. Sreedhar Reddy based on the counter affidavit filed on behalf of Respondents 1 to 4, submits that petitioner, who is seeking power supply to the property in question, is liable to pay the dues of the previous owner. He further states that this issue is no more res integra in view of the judgment of the Hon’ble Supreme Court in TGSPDCL v. Srigdhaa Beverages, (2020) 6 SCC 404, wherein it was held that purchaser of property is liable to pay the electricity dues of the past owner which are statutory in nature. The said view was further reiterated by a 3-Judge Benc