THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1078 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. R. Vinod Reddy, learned counsel for the
appellants.
Mr. K.K. Waghray, learned counsel for respondent
No.1.
Ms. Harija Akkineni, learned Government Pleader for
Energy for respondent No.2.
2. This intra court appeal has been filed against an
order dated 05.01.2023 passed by the learned Single Judge
by which W.P.No.1859 of 2022 filed by respondent No.1
has been allowed.
3. Facts
giving rise to filing of this appeal briefly stated are that respondent No.1 was provided with a service connection in the premises situated at Patancheru, Sangareddy, Medak District. Respondent No.1 has obtained possession of the said premises through a ::2::
registered sale deed dated 04.08.1994. It appears that the lessee of respondent No.1 - Company defaulted in payment of arrears of electricity bills to the appellants. Thereupon, the electricity connection to the premises of respondent No.1 - Company was disconnected. Respondent No.1 - Company challenged the aforesaid action of the appellants in W.P.No.1859 of 2022. Learned Single Judge by an order dated 25.01.2023 has allowed the aforesaid writ petition.
4. It is trite law that for arrears of payment of electricity dues by the predecessor-in-title of respondent No.1, no action for disconnection of electricity supply can be taken against respondent No.1. The aforesaid issue is no longer res integra and is covered by a decision of the Supreme Court in Assistant Engineer (D1), Ajmer Vidyut Vitrann Nigam Limited and another vs. Rahamatullah Khan @ Rahamjulla 1. Even otherwise, the appellants have already initiated the proceedings under the Revenue Recovery Act, 1864 for recovery of the amount of arrears of electricity due.
1 (2020) 4 SCC 650 ::3::
5. For the aforementioned reasons, we do not find any ground to differ with the view taken by the learned Single Judge.
6. In the result, the appeal fails and is hereby dismissed.
As a sequel, miscellaneous petitions, pending if any, stand closed.
____________________________ ALOK ARADHE, CJ ____________________________ N.V.SHRAVAN KUMAR, J Date: 16.11.2023 ES