A writ of mandamus for the provision of essential utility services, such as electricity, will not be granted for a property that is subject to ongoing land title disputes, encroachment allegations, and pending demolition orders arising from unauthorized construction or violations of zonal planning laws.

O R D E R:

Petitioners claim to be the owners and possessors of agricultural land in Survey Nos. 67/2 and 67/3 to an extent of Ac.0-22 guntas at Tummanpally Village, Jharasangam Mandal, Sangareddy District. Subsequently, the said lands were converted into non-agricultural lands by the competent authority vide Proceedings dated 20.07.2023. With an intention to establish a Rice Mill on the aforesaid land, they submitted an Application to the 2nd Respondent, who vide Proceedings dated 04.10.2023, granted permission for the construction of the Rice Mill over the said converted lands. It is stated, to extend the proposed Rice Mill construction, they purchased adjacent lands in Survey No.67/3/4 admeasuring Ac.0-12. guntas and also Ac.0.09 guntas in Survey No.67/5/4/2 which were also converted from agricultural to non-agricultural use vide Proceedings dated 02.11.2023 and 09.11.2023 respectively. Thereafter, Petitioners are stated to have submitted a Common Application Form seeking permission for building construction and simultaneously sought permission for power supply through the TS-iPass on line system.

1.1. Under the influence of Respondent No.8, the District Town and Country Planning Officer issued a Show Cause Notice dated 16.11.2023, alleging that Petitioners encroached upon the land belonging to Respondent No.8 and was undertaking construction in violation of building rules. Petitioners are stated to have submitted detailed reply on 22.11.2023, denying all the allegations contained in the said Show Cause Notice. Petitioner submitted F-Line Application dated 20.11.2023 seeking to conduct survey and demarcation of their lands, pursuant to which, the Mandal Surveyor scheduled survey of Survey No.67 on 15.12.2023, however, Respondent No.8 failed to appear at the site; so also to another notice.

1.2. While so, when Panchayat Raj Officials were interfering with their construction activities, Petitioners filed Writ Petition No. 33852 of 2023, wherein this Court, vide order dated 14.12.2023, directed Respondents not to interfere with construction activities being carried out by Petitioners over the property. Subsequently, Respondent No.8 again lodged a complaint dated 24.01.2024 only to harass and obstruct Petitioners' legitimate business operations. According to petitioners, official Respondents, being statutory authorities, are duty-bound to consider and process the on line TS-iPass Common Application Form dated 04.11.2023 for power supply to the Rice Mill. The deliberate inaction is illegal and arbitrary.

1.3. Petitioners further contend that the official Respondents have no authority or jurisdiction to adjudicate issues relating to title or ownership over the subject property, as those are matters for the competent civil court to decide. Refusal to process the Application on account of alleged title disputes amounts to an excess of jurisdiction. Hence, the Writ Petition.

2. The 5th Respondent - Assistant Divisional Engineer (Operations), Telangana State Southern Power Distribution Company Limited (TSSPDCL), stating that Petitioner's Application for power supply was duly received, processed, and accepted by them; after verification, they sanctioned power supply estimate vide Estimate No.E-2023-90-04-12-01-022. Pursuant to the said sanction, required payments were made through two separate Demand Drafts dated 09.11.2023 for Rs.4,75,120/- and another dated 09.11.2023 for Rs.35,990/-. Upon such payment, necessary departmental work pertaining to the said power supply connection was initiated; work has been compl