THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.676 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Zakir Ali Danish, learned counsel for the
appellants and Mr. Karunakar Reddy, learned counsel for
the respondents.
2. Telangana State Northern Power Distribution Company Limited and its officials are the appellants before us.
3. The writ appeal has been preferred against the order dated 08.08.2022 passed by the learned Single Judge in W.P.No.19212 of 2021 filed by the respondents.
4. Order dated 08.08.2022 reads as under:
"The petitioners herein are admittedly in possession of the disputed land. Land Grabbing O.P. in L.G.O.P.No.168 of 2015 is pending against the petitioners herein on the file of the learned Principal District Judge, Khammam. The said L.G.O.P. was filed by the petitioner in W.P. No.20889 of 2020.2
It is contended by the learned counsel for the petitioners that the petitioners belong to BPL families and as there is no power supply to their houses, they are put to severe hardship. The land grabbing case pending against the petitioners cannot be a ground for not sanctioning power connection to the houses of the petitioners.
As admittedly houses have been constructed on the disputed land by the petitioners which had been in existence for the past several years, there shall be interim direction to the respondents to sanction power supply connection to the houses of the petitioners situated at Telangana Nagar, Palvancha Town, Bhadradri Kothagudem District, within a period of three (3) weeks from today, pursuant to the individual Mee- Seva applications dated 24.06.2021 submitted by the petitioners. However, sanction of power supply connection/s to the petitioners shall be subject to further orders in the L.G.O.P. and the present writ petition.
Post on 19.09.2022."
5. From the above, it is evident that respondents are facing land grabbing proceedings on account of alleged illegal possession of the disputed land. Learned Single Judge noted that respondents had constructed structures on the disputed land and are residing there for the last several years. Therefore, learned Single Judge directed the appellants to sanction power supply to the respondents, 3 however making the same subject to further orders that may be passed in the land grabbing proceedings.
6. In the hearing, we have queried learned counsel for the respondents as to what the respondents do for their livelihood. In response, he submits that the respondents are daily wage earners.
7. We are not inclined to interfere with the aforesaid order of the learned Single Judge, firstly, for the reason that the same is an interim order and the writ petition is pending before the learned Single Judge. Secondly, we have held on more than one occasion that even in a case of illegal encroacher, access to water and electricity is a basic minimum requirement for human existence. Till it is proved that the respondents are land grabbers and are evicted in the land grabbing proceedings in accordance with law, they are entitled to water and electricity to live as human beings. We therefore decline to entertain the writ appeal.
8. Writ appeal is accordingly dismissed. 4
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 20.10.2022 vs