HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.3220 OF 2025

ORDER:

Heard Sri Harendra Prasad, learned Senior Designated Counsel representing Sri Mohd. Moin Ahmed Quadri, appearing on behalf of the petitioner and Sri N. Sreedhar Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos.1 to 4.

Petitioner approached the Court seeking prayer as under :

”…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned order vide Letter No. Ae/OP/Allapur/File No. Consumer letter.D.Dno. 2508/24-25 dated 27.01.2025 issued by the 4^th respondent threatening with disconnection of power supply of service connection of the petitioner vide SC No. 12001 05467 in respect of land bearing Plot No.115 of Bhagyanagar Co-operative Housing Society, admeasuring 444 sq. Yards under Sy.No. 1007, situated at Kukatpally Village and Mandal, Medchal-Malkajgiri District, is nothing but illegal, arbitrary, unjust, unconstitutional, total non-application of mind, violation of principles of natural justice and also contrary to the provisions of the Electricity Act, 2003, and set aside the same, and consequently direct the respondents not to take any coercive steps of disconnection of power supply of petitioner’s service connection vide SC No. 12001 05467 and to pass”.

PERUSED THE RECORD

2. The impugned order vide letter No.AE/ OP/ Allapur/ File No. Consumer letter.D. No. 2508/ 24-25 dated 27.01.2025 issued by the 4^th respondent is extracted hereunder:

“Vide reference cited above in Ref.1 the Hon’ble High Court of Telangana disposed the petition W.P. No. 10357 of 2023 with direction to consider the instructions issued by the Deputy Collector and Tahsildhar, Balanagar, dated 13.03.2012 vide letter No.

B/665/2012 addressed to Divisional Engineer.

I n obedience to the Hon’ble High Court Orders, it is to inform that your power supply vide service connection No. 12001 05467 will be disonnected after completion of 7 days from the date of receipt of this notice without any further communication”.

3. Upon consent of both the learned counsel on record in the present writ petition, taking into consideration :

(a) The fact that this Court had allowed the Review Petition vide I .A. No.3 of 2025 in W.P. No. 10357 of 2023 vide order dated 18.02.2025 modifying para 9 of the order dated 22.08.2024 passed initially in W.P. No. 10357 of 2023 observing as under:

“9. Taking into consideration the aforesaid facts and circumstances of the case and duly considering submissions made by the learned counsel appearing on behalf of the petitioners and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing on behalf of the respondent Nos.2, 5 and 6, the writ petition is disposed of directing the Division Engineer, APCPDCL, Kukatpally to duly consider the request of the petitioner No.2 as put-forth by the petitioner in petitioners’ representation dated 25.10.2011 in the light of the specific instructions issued by the Deputy Collector and Tahsildar, Balanagar dated 13.03.2012 vide letter No.B/ 665/ 2012 addressed to the Division Engineer, APCPDCL, Kukatpally, within a period of four (4) weeks from the date of receipt of copy of the order and pass appropriate orders on the representation of the petitioner No.2 dated 25.10.2011 and also initiate necessary action on the said representation of the petitioner No.2 dated 25.10.2011 in accordance to law, in conformity with principles of natural justice by giving reasonable opportunity to both the writ petitioner No.2 and also to review petitioners i.e. Nos.7 to 16 and 19 in the present writ petition No. 10357 of 2023.

10. I t is further observed that it is open to the writ petitioners and also to the review petitioners to put forth all the pleas that are legally permissible by them before the Division Engineer, APCPDCL, Kukatpally. However, there shall be no order as to costs”.

The fact as borne on record that the proceedings impugned in the present writ pe