THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3730 of 2023

ORDER:

This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“….to issue an appropriate writ order or direction more particularly one in the nature of Writ Of Mandamus declaring the action of the respondents in disconnecting the electrical supply/ removing the electricity meter through letter No.AE/Op/Habsiguda/F.No./ D.No.659/22 dated 13.01.2023 in Service Connection No.130302251, situated at premises bearing No.4-9-197/B68, Bapuji Nagar, HMT, Nacharam, Hyderabad is illegal, arbitrary, contrary to the agreement, evidence on record, violation of the principles of natural justice and as well as the fundamental rights guaranteed under the Constitution of India set aside the same consequently direct the respondents to restore the electrical connection by erecting the electricity service meter and pass…”

2. Heard Sri A. Jagan, learned counsel appearing for the petitioner, learned Government Pleader for Energy appearing for respondent No.1, Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing for respondent Nos.2 to 4 and Sri Vijay B Paropkari, learned counsel appearing for unofficial respondents and perused the material on record.

3. The brief facts of the case are that the petitioner, along with two others, purchased the house bearing No.4-9-197/B68, in Plot No.B-68 in Sy.No.194, admeasuring 300 Sq.Yards, situated at Bapuji Nagar, Nacharam, Kapra Circle, Greater Hyderabad Municipal Corporation limits, and as per the sale deed dated 04.04.2017, the petitioner and other two purchasers each held 100 Sq.yards. The petitioner filed an application before the respondents seeking an electrical connection, and acting on the said application, permission was accorded by installing electrical meter bearing S.C.No.130302251. The petitioner, having established a shed along with the other two purchasers, regularly paid the electricity bills to the respondents. Thereafter, certain co-purchasers, namely Resu Kavita and Katapally Revathi, lodged a complaint before the respondents, and without conducting any enquiry, the respondents disconnected the petitioner’s power supply vide letter dated 15.03.2022 and removed the meter. Aggrieved by the same, the petitioner filed W.P.No.18145 of 2022, wherein this Court vide order dated 13.04.2022 directed for restoration of power supply. However, the unofficial respondents preferred Writ Appeal No.349 of 2022, which was disposed of directing the respondents to issue notice and take appropriate action. Despite such directions, the respondents issued an impugned order dated 13.01.2023 disconnecting the petitioner’s power supply basing on the ground that the petitioner had obtained the service connection without the consent of the co-owners. The grievance of the petitioner is that respondents issued the impugned order dated 13.01.2023 without proper enquiry and disconnection could only be made if electricity dues were unpaid and hence prays this Court to direct the respondents to restore the electricity connection and erect the electricity service meter.

4. A counter affidavit has been filed by respondent No.2 to 4 stating that in compliance of the orders of this Court in W.P.No.18145 of 2022 and W.A.No.349 of 2022, the respondent Nos.5 and 6 submitted their representations dated 08.07.2022 and it was noticed that the petitioner along with respondent Nos.5 and 6 have together purchased the subject property vide registered Sale Deed dated 04.04.2017, hence, the service connection can be issued on the application of both the owners or on a no objection letter being given by one of the owners. In the present case, as the application is made by one of the owner, the service connection cannot be provided, and the petitioner has deliberately suppressed the fact that she has received the copy of the speaking orders dated 13.01.2023 on 18.01.2023, which gives detailed reason as t