I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.1022 OF 2015 Between:

Mumtaz Yarud Dowla Waqf … Petitioner And The Southern Power Distribution Company of Telangana Limited and Others.

… Respondents JUDGMENT PRONOUNCED ON: 01.05.2025 THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes.

see the fair copy of the Judgment?

________________________________

MRS. JUSTI CE SUREPALLI NANDA I N THE HI GH COURT OF TELANGANA AT HYDERABAD WRI T PETI TI ON No.1022 OF 2015 % 01.05.2025 Between:

# Mumtaz Yarud Dowla Waqf … Petitioner And $ The Southern Power Distribution Company of Telangana Limited and Others.

… Respondents Gist:

> Head Note:

! Counsel for the Petitioner : Sri B.Nalin Kumar, learned senior designated counsel representing Sri Srinivas Chamarthy, learned counsel appearing on behalf of the petitioner on record.

^ Counsel for Respondent Nos.1 to 3: Sri N.Sreedhar Reddy, learned standing counsel ^ Counsel for Respondent No.4 : Sri More Shashi Kiran ? Cases Referred:

1. 2023 Live Law (SC) 453

2. (2011) 12 SCC 314 3. 2022 Live Law 570

4. 2022 SCC Online P&H 3733 HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.1022 OF 2015

ORDER:

Heard Sri B.Nalin Kumar, learned senior designated counsel representing Sri Srinivas Chamarthy, learned counsel appearing on behalf of the petitioner on record, Sri N.Sreedhar Reddy, learned standing counsel appearing on behalf of the respondent Nos. 1 to 3 and Sri More Shashi Kiran learned counsel appearing on behalf of the respondent No.4

2. The petitioner approached the Court seeking prayer as under:

“.........to issue a Writ of Mandamus or other appropriate order or direction in the nature of a Writ declaring that the action of the respondents 1 to 3 in releasing and continuing the electricity supply to 4^th respondent under SC No. 1013814 as arbitrary discriminatory and without any legal authority and violative of Article 14 of Constitution of India and contrary to the terms and condition of supply of power and consequently direct them to disconnect the electricity to the Service Connection bearing SC No.

1013814 in the interest of justice........”

3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition, is as under:

The petitioner is the Secretary of petitioner waqf and the Waqf has certain properties at Lakdikapool, Hyderabad i.e., properties bearing house nos.6-1-1081, 6-1-1081/1, 6-1-1082/1 to 12. It is the specific case of the petitioner that the respondent No.4 is not a duly inducted tenant in the subject properties owned by the petitioner waqf at Lakdikapool, Hyderabad, however, he had been illegally inducted into the subject property in connivance with Mr. Masiuddin Kabeer and one Mr. Khusru Ali Baig who falsely claimed to be the Secretary of the petitioner waqf. The 4^th respondent having illegally entered into the possession of the subject property applied for the electricity connection and was granted service connection bearing SC.No.B.1013814 and the petitioner submitted a representation, dated 17.11.2014 requesting for disconnection of the said service connection and when there was inaction on the part of the official respondents herein, petitioner made again another representation, dated 24.11.2014 and in response to the said representation, the 3^rd respondent called upon the 4^th respondent to submit the relevant documents i.e., no objection certificate, payment of balance cc charges of Rs.3046/- and valid rental agreement within three days from the date of receipt of the said notice. The 3^rd respondent again issued another reminder letter dated 26.11.2014 to the 4^th respondent calling upon the 4^th respondent to produce the relevant documents and when the 4^th respondent failed to sub