THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No. 3646 of 2017
ORDER:
This Writ Petition is filed seeking the following relief: ] ".......to issue a Writ or Order in the nature of Writ of Mandamus or an appropriate Writ holding that disconnecting the power supply and removing the (1) electricity Meter bearing No.363000529 of the Petitioner No.1 herein, (2) Meter bearing No.363000528 of the Petitioner No.2 herein, (3) Meter bearing No.363000530 of the Petitioner No.3 herein, (4) Meter bearing No.363001700 of the Petitioner No.4 herein and (5) Meter bearing No.362500116 of the Petitioner No.5 herein by the respondents is illegal, arbitrary abd against the principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and direct the respondents to restore power supply including re-fixing the electricity meters (1) electricity Meter bearing No.363000529 of the Petitioner No.1 herein, (2) Meter bearing No.363000528 of the Petitioner No.2 herein, (3) Meter bearing No.363000530 of the Petitioner No.3 herein, (4) Meter bearing No.363001700 of the Petitioner No.4 herein and (5) Meter bearing No.362500116 of the Petitioner No.5"
2. Heard Sri K. Muralidhar Reddy, learned counsel for the petitioners and learned Government Pleader for Energy, ::2::
appearing for respondent No.1, Sri R. Vinod Reddy, learned Standing Counsel appearing for respondent Nos.2 to 5.
3. Learned counsel for the petitioners submit that the petitioners are running timber business including work shop having cutting machines and other machinery used for making packing material for more than 25 years in Sy. Nos.222 and 223 of Madinaguda Village, Serilingampally Mandal, Ranga Reddy District and the petitioners are operating the machinery by obtaining electricity connections in the years 1997 and 1998. The petitioners were regularly paying the electricity charges as demanded by the respondents. At the instances of the Deputy Commissioner, Greater Hyderabad Municipal Corporation (GHMC), the Revenue Officials disconnected the power supply and salvaged some electricity meters on 27.09.2016 without any notice and without following the procedure. Immediately, the petitioners approached the respondents- Corporation to restore the power supply. In spite of that the respondents have endorsed on the representation given by the petitioners that the power supply was disconnected on the oral ::3::
instructions given by the Deputy Commissioner, GHMC, Serilingampally Circle, Ranga Reddy District and meters were removed.
4. The counsel for the petitioner further submitted that before disconnecting the power supply and removing the meters either the electricity Officials or the GHMC has not given any notice to the petitioners and the said action of the respondents is arbitrary, illegal and violative of Article 226 of Constitution of India. The counsel for the petitioners relied upon the judgments passed by this Court in T. Sree Rama Murthy and Others Vs. Special Officer 1 ; S.Ravi Yadav Vs. T.S.S.P.D.C.L2 and Shobha Bose Vs. T.S.S.P.D.C.L3. This Court, time and again reiterated that under Section 43 of the Electricity Act imposes duty on every distribution licensee to provide power supply to the owner or occupier of the premises and the power supply cannot be disconnected without following due process. The action of disconnection of the electricity supply without issuance of the notice to the 1 2002 (2) ALD 731 2 WP No.1763 of 2019, TS High Court 3 WP No.17810 of 2020, TS High Court ::4::
concerned consumers cannot said to be susceptible in law. The concerned authorities under Municipality are at liberty to initiate the appropriate action relating to the shifting of the units under the relevant provisions of the Municipalities Act. At the instance of Municipal Authorities or any Statutory Authority or competent authority, the respondents cannot disconnect the power supply of the petitioners and requested to allow the Writ Petition and direct the respondents to restore the power supply.
5. Sri R. Vinod Reddy, learned counsel for the respondent Nos. 2 to 5 submits that as per the instructions of the Officials of GHMC and Revenue Department, the Staff of TSSPDCL disconnected the power connections and salvaged some electricity meters. The GHMC and the Revenue Officials directed the TSSPDCL staff not to provide power to the illegal structures as they have been demolished and the petitioners have no right to claim that they are entitled to be provided power under the Electricity Act, 2003 as the structures raised ::5::
by them are illegal as they are located in tank bed lands obstructing the free flow of water into the tanks.
6. After hearing both sides, this Court is of the considered view that, the petitioners obtained power supply in the years 1997 and 1998. Without issuing notice to the petitioners, Electricity Authorities or Municipal Authorities cannot disconnect the power supply on 27.09.2016. The GHMC was impleaded as respondent No.6 in this Writ Petition and they did not choose to file any counter. The counter filed by the respondent No.4 clearly stating that they disconnected the power supply basing on the instructions of Officials of GHMC and Revenue Department as the petitioners' premises are located on tank bed lands and obstructing the free flow of rain water into the tanks. The respondents failed to show the proceedings as to how they arrived to such conclusion. Admittedly, the respondents failed to follow the procedure as specified under 42.2 of the APSEB Terms and Conditions of Supply. Moreover, the petitioners are running timber business as on this date. The petitioners filed documents showing that ::6::
they have obtained finance to run their saw mills and paying bills regularly. It clearly shows that the respondents were high handedly, without following any procedure, disconnected the power supply to the petitioners and removed the electricity meters. The judgments relied by the petitioners squarely covers to this instant case and Writ Petition is liable to be allowed.
7. In view of the same, the Writ Petition is allowed with a direction to respondents to restore the power supply of the petitioner forthwith including refixing electricity meters of the petitioners.
8. Miscellaneous applications, if any, shall stand closed. There shall no order as to costs.
____________________ JUSTICE K.SARATH ....11.2022 spk/bb