Telangana High Court
M/S. Vasudeva Realtors Pvt Limited vs The Southern Power Distribution ... on 18 July, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT APPEAL No.831 of 2024
JUDGMENT:
(Per the Hon'ble the Chief Justice Alok Aradhe) Mr. B.Mayur Reddy, learned Senior Counsel representing Mr. P.Sathwik Reddy, learned counsel for the appellant.
Mr. R.Vinod Reddy, learned Standing Counsel for the Transmission Corporation of Telangana Limited for the respondents No.1 to 4.
Mr. S.V.Ramana, learned counsel for the respondent No.5.
2. This intra court appeal is filed against the order dated 12.03.2024 passed by the learned Single Judge by which the writ petition preferred by the appellant, namely W.P.No.15253 of 2023, has been dismissed on the ground that the appellant has failed to prove its possession as well as agreement of sale executed in its favour. 2
3. Facts giving rise to filing of the appeal briefly stated are that the appellant is engaged in the business of real estate. The respondents No.6 and 7 were the owners and possessors of agricultural land bearing Survey Nos.302, 303, 304, 305, 306, 307, 308 and 310 measuring Acs.42.22 guntas situated at Solipet Village (hereinafter referred to as, "the subject land"). The appellant had agreed to purchase the said land for a consideration of Rs.1,17,12,050/-. In pursuance of the aforesaid agreement, according to the appellant, it paid a sum of Rs.64,00,000/- to the respondents No.6 and 7. However, the appellant was informed that since the subject land has been mortgaged, the sale deed would be executed once the said land is redeemed.
4. According to the appellant, it is in possession of the subject land since 19.05.2005. It was averred in the writ petition that two buildings were situated at the subject land and the electricity connection was provided to the aforesaid buildings. It is the appellant's case that the respondent No.5 in collusion with the respondents No.6 3 and 7 started claiming the subject land on the basis of sale deeds executed in her favour. Thereupon, the appellant instituted O.S.No.105 of 2021 in which an interim order of injunction dated 02.11.2021 was granted restraining the respondents from alienating or creating any third party interest over the suit property.
5. The respondent No.5 made an application to the respondents No.1 to 4 to transfer the electricity connection in her favour which was initially rejected. The aforesaid order of rejection was challenged by the respondent No.5 in a writ petition, namely W.P.No.24519 of 2021, which was disposed of by directing the Telangana State Southern Power Distribution Company Limited (TGSPDCL) to consider the documents submitted by the respondent No.5 and to pass appropriate orders. Thereafter, the authorities of TGSPDCL informed the appellant about the disconnection of electricity. Thereupon, the appellant filed the writ petition in which the action of the TGSPDCL in transferring the power supply in the name of the respondent No.5 and in threatening to disconnect the 4 power supply was challenged. The learned Single Judge, by an order dated 12.03.2024, dismissed the writ petition, inter alia, on the ground that the appellant has not been able to prove the agreement of sale executed in its favour and has also not been able to prove the fact that it is in possession of the subject land. Hence, this appeal.
6. Learned Senior Counsel for the appellant submitted that the issue before the learned Single Judge was with regard to the validity of the action of the TGSPDCL in transferring the electricity connection in favour of the respondent No.5 and in threatening the appellant with disconnection of power supply. The learned Single Judge has travelled beyond the scope of the writ petition and has recorded a finding with regard to title and possession of the appellant over the subject land, which is not permissible under Article 226 of the Constitution of India.
7. On the other hand, learned Standing Counsel for the respondents No.1 to 4 has submitted that the action for supply of electricity and disconnection shall be made in 5 accordance with Clauses 5.1 and 5.2 of the General Terms and Conditions of Supply.
8. On the other hand, learned counsel for the respondent No.5 has supported the order passed by the learned Single Judge.
9. Heard the learned counsel for the parties and perused the record.
10. The dispute between the parties emanates from filing an application seeking electricity connection by the respondent No.5. Telangana State Electricity Regulatory Commission has adopted General Terms and Conditions of Supply approved by Andhra Pradesh Electricity Regulatory Commission. The General Terms and Conditions of Supply have been made in pursuance of Clause 21 of the Distribution and Retail Supply Licence granted by the Regulatory Commission and in accordance with the provisions of the Electricity Act, 2003. Clause 5 of the aforesaid General Terms and Conditions of Supply deals 6 with supply of electricity. Relevant Clauses 5.1 and 5.2 thereof are extracted below for the facility of reference.
"5. Supply of Electricity 5.1. Company's Duty to Supply The Company shall, on an application by the owner or occupier of any Premises, located in his area of supply, give supply of electricity to such Premises in accordance with Section 43 of the Act and the APERC ('Licensees' duty for supply of electricity on request) Regulation, 2004 (No.3 of 2004) as well as the APERC ('Licensees' Standards of Performance) Regulation, 2004 (No.7 of 2004). The applicant must however ensure compliance with the procedure specified in the GTCS.
5.2. Requisition for Supply 5.2.1. Requisition for supply for a new connection or additional load must be submitted in the prescribed format of Application for supply of Electricity at Low Tension (LT) (Appendix I) and the Application for supply of Electricity at High Tension (HT) (Appendix II) as the case may be. The Company will make available the prescribed form free of cost at the offices specified by the Company and will also provide the same on the Company's Internet website for free downloading. Photocopies of a blank application form duly filled in, shall also be accepted by the Company.
Any assistance or information required in filling up the application form will be given to the applicant at the offices specified in the Designated Officers' Notification.
75.2.2. The requisition shall be made by the owner or occupier of the premises for which supply is required. The application form complete in all respects and accompanied with the undertaking and prescribed fees, charges and security, shall be submitted at the office of the Officer specified in the Designated Officers Notification. The Company shall verify the application and the enclosed documents at the time of receipt of application, and shall issue a written acknowledgement.
5.2.3 An applicant who is not the owner of the premises he occupies and intending to avail of supply shall submit an Indemnity Bond drawn by the owner of the premises in favour of the company whereby the owner of the premises undertakes to indemnify the company for any loss caused to the company by the applicant (who is the tenant/ occupant of the Premises) arising out of the release of service to the tenant/ occupant. Otherwise he shall be required to pay three times the normal security deposit apart from providing proof of his being in lawful occupation of the premises.
5.2.4. Where the consumer's premises has no frontage on a street and the supply line from the company mains has to go upon, over or under the adjoining premises of any other person (and whether or not the adjoining Premises owned jointly by the consumer and such other person), the consumer shall arrange at his own expense for any necessary way-leave, license or sanction. The Company shall not be bound to afford supply until the way leave or sanction is granted. Any extra expenses incurred in placing the supply line in accordance with the terms of the way leave, license or sanction shall be borne by 8 the consumer. In the event of the way-leave, license or sanction being cancelled or withdrawn, the consumer shall, at his own cost, arrange for any diversion of the service line or the provision of any new service line thus rendered necessary. 5.2.5. It shall not be incumbent on the Company to ascertain the legality or adequacy of way-leave, license or sanction obtained by the consumer. 5.2.6. A consumer requiring supply for industrial or commercial purposes for new or additional loads shall obtain the necessary license or permission or no-objection certificate from the local authority or any other competent authority as might be required under the statute.
5.2.7. After receipt of the complete application form along with required supporting documentation and charges, the Company takes action to release supply within the time frames prescribed in the APERC ('Licensees' duty for supply of electricity on request) Regulation, 2004 (No.3 of 2004) as well as the APERC ('Licensees' Standards of Performance) Regulation, 2004 (No.7 of 2004) issued by the Commission."
11. The application submitted by any party has to be dealt with in accordance with the relevant clauses of the General Terms and Conditions of Supply. The learned Single Judge has transgressed his jurisdiction in recording a finding of fact about the possession of the appellant and 9 with regard to the agreement executed in favour of the appellant.
12. Therefore, the respondents No.1 to 4 are directed to take an action in accordance with Clauses 5.1 and 5.2 of the General Terms and Conditions of Supply on the application submitted by the respondent No.5 without being influenced by the observations contained in the order of the learned Single Judge dated 12.03.2024. Needless to state that it would be open for the appellant to take recourse to such remedy as may be available to it in accordance with law. It is also clarified that the findings recorded by the learned Single Judge with regard to possession and execution of the agreement shall not be an impediment to the appellant in case the appellant decides to invoke the remedy provided to it by law. The order passed by the learned Single Judge is set aside.
13. In the result, the appeal is disposed of. 10
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ ______________________________________ ANIL KUMAR JUKANTI, J 18.07.2024 vs