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2026 Supreme(Online)(Tel) 4951

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE RENUKA YARA
Smt. Masarath Fatima – Appellant
Versus
Telangana state Southern power distribution corporation limited – Respondent
WP 1983/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA W.P.No.1983 of 2026 Date: 09.02.2026 Between:

Smt. Masarath Fatima … Petitioner AND Telangana State Southern Power Distribution Corporation Limited, Vidyut Soudha, Somajiguda, Hyderabad, Rep. by its Chairman-Managing Director and (4) others.

…Respondents

ORDER:

Heard Sri Syed Mounis Jafer Abidi, learned counsel for the petitioner and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing for the respondents.

2. This Writ Petition is filed seeking following relief:

“…to issue appropriate writ, order or direction more particularly one in the nature of Mandamus declaring the inaction of the respondent authorities in taking steps to refix/restore the electricity meters bearing S.C.No.M1023553 & USC No.114988439 to the petitioner’s premises H.No.20-2- 434/1, situated at Fatima Colony, Hussaini Alam, Hyderabad, which were taken away on 03-07-2025 without any reasons followed by personal visits as being illegal, arbitrary, unjust, unconstitutional and colourable exercise of powers as arbitrary, illegal, unconstitutional and violative of my fundamental rights guaranteed under Article 21 of the Constitution of India. Consequently, to direct the respondent authorities to refix the electricity meters to the above- mentioned premises by restoring the power supply in the interest of justice and to pass…”

3. The petitioner claims to be the owner and possessor of House bearing No.20-2-434/1, admeasuring 229 square yards, situated at Fatima Colony, Hussaini Alam, Hyderabad. The petitioner purchased the said house vide registered document No.437/2023, dated 17.02.2023 from the vendor viz., Hameerduddin Qadri. On a complaint given by certain local politicians, without issuing a notice, the respondents have disconnected the power supply to the petitioner’s house. The petitioner’s vendor has filed a suit for perpetual injunction in O.S.No.1273 of 2013 on the file of the learned VI Junior Civil Judge, City Civil Court, Hyderabad and the same has ended in compromise vide compromise decree dated 24.04.2017. Thereafter, O.S.No.3288 of 2021 was filed by the petitioner’s vendor Hameerduddin Qadri against three private individuals and the same was decreed holding that the petitioner’s vendor is the owner and possessor of the subject house. At the behest of Chief Executive Officer of Wakf Board, while disconnecting the power supply the respondents have not considered the extent of the property claiming to be 40 square yards.

4. According to the respondents, the Chief Executive Officer of Wakf Board objected for issuance of service connection to the petitioner and cancelled the sale deed of the petitioner vide document No.1068 of 2025 on the premise that the said property belongs to Wakf Board.

5. According to the petitioner, there is a dispute with respect to only 40 square yards of land, but not the entire extent of 229 square yards. The dispute over the title of the property to an extent of 40 square yards cannot be adjudicated by this Court as it involves questions of fact, which needs to be ascertained by perusing the documents of title of the respective parties. For the present, it is suffice to say that irrespective of the fact that there was objection on the part of Wakf Board for issuance of service connection, the respondents ought to have issued a show cause notice to the petitioner before disconnecting the power supply. The respondents have violated the principles of natural justice without providing an opportunity of hearing to the petitioner before disconnecting the power supply. Electricity connection is a Fundamental Right. The Apex Court in Dilip (dead) through Lrs vs. Satish and others, 2022 Live Law 570 (CRLA No.810 of 2022) arising out of Special Leave Petition (CRL) No.8917 of 2019, dated 13.05.2022) held that it is settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity c

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