A person in settled possession of a property, corroborated by long-standing lease agreements, is entitled to electricity connection under Section 43 of the Electricity Act, 2003, even during the pendency of a civil suit regarding title, as the writ court cannot adjudicate upon disputed title claims.

ORDER:

This writ petition is filed seeking the following relief:

“... to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the Respondent/s for not disconnecting the service connection Nos.040126318, 040427325, Unique Service Connection No.113501872 113619715 which stands in the name of unofficial 4th Respondent basing on the fabricated documents/disputed documents and issuing the impugned letter dated 01.12.2023 expressing their refusal to disconnect the existing service connection in the name of 4th respondent and for not issuing a fresh Agricultural service connections in the names of the Writ Petitioners is against the provisions of Section 43 of the Electricity Act, 2003 and rules made thereunder arbitrary, illegal failure of execution of justice and is violation of Article 300-A of the Constitution of India and consequently direct the respondent/s to issue the fresh Agricultural service connections in the names of the writ petitioner/s in the land Ac.0-30 Gts. (out of Ac.1-20 Gts.) in Sy.No.353/ and Ac.1-33.5 Gts. (out of Ac.3-27 Gts.) in Sy.No.354 totally admeasuring Ac.2-23.5 Gts., and the land an extent of Ac.0-30 Gts. (out of Ac.1-20 Gts.) in Sy.No.353/ and Ac.1-33.5 Gts. (out of Ac.3-27 Gts.) in Sy.No.354 totally admeasuring Ac.2-23.5 Gts., situated at Dundigal Village, Quthubullapur Mandal, Medchal Malkajigiri District. The writ petitioners are as being a pattedras/owners and possessors of the said land.”

2. Heard Sri B. Venkat Rama Rao, learned counsel for the petitioners, Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing for respondent Nos.1 to 3, Sri M. Rajender Reddy, learned counsel for respondent No.4, Smt. S. Jyothi Naik, learned Assistant Government Pleader for Energy for respondent No.5 and Sri Mohd. Islamuddin Ansari, learned counsel for respondent No.6. Perused the entire record.

3. The brief facts of the case are that the writ petitioners are owners and possessors of land to an extent of Ac.0-30 Gts. (out of Ac.1-20 Gts.) in Sy.No.353 and Ac.1-33.5 Gts. (out of Ac.3-27 Gts.) in Sy.No.354 totally admeasuring Ac.2-23.5 Gts., situated at Dundigal Village, Quthubullapur Mandal, Medchal Malkajigiri District. Said land was acquired by virtue of registered Gift Deeds dated 13.04.2018 vide Document Nos.8393 of 2018 and 8392 of 2018 respectively executed by one Muddam Bharathi. The petitioners were delivered with actual physical possession of the subject land and thus, have become absolute owners and possessors. The title is traced to one Arjun Yadav, who was the real owner of the subject property. The names of the petitioners were mutated in revenue records as pattadar and possessor under Section 4 and 5 of ROR Act, 1971, vide proceeding No.B/370/219, dated 02.03.2019. Thereafter, the petitioners were issued with e-Pattadari Passbooks-cum-title deeds as per Provisions of Telangana Rights in Land and Pattadar Passbook Act, 2020 . According to the petitioners, one Arjun Yadav was the owner and possessor of the subject land in Sy.Nos.353 and 354 having purchased the same under registered sale deed dated 08.03.1989 vide Document No.1538 of 1989 from Donkani Srinivas Goud. The subject property is the self-acquired property of M. Arjun Yadav. Said Arjun Yadav died on 09.06.2006 and his wife Muddam Bharathi has become the owner and possessor of the subject land. Said Bharathi got the land mutated in her name vide proceeding No.A/13789/2008, dated 26.03.2012 under ROR Act, 1971. Said Bharathi executed Gift Settlement Deed in favour of the w