Telangana High Court
M/S. T.W.M. Construction vs Telangana State Southern Power ... on 6 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.9595 OF 2024
ORDER:
Heard Mr. M.A. Qavi Abbasi, learned counsel for the petitioner and Mr. R. Vinod Reddy, learned Standing Counsel appearing on behalf of Respondent Nos.1 to 3.
2. The petitioner approached the Court seeking prayer as under:
" ... to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the official respondents in not considering the representation dated 29.03.2024 filed by the petitioner herein for not providing electricity supply amenity having lapse of more than 3 months of giving application as illegal, arbitrary, high handed and amounts to dereliction of duties on the part of the respondents consequently direction may be given to the Respondents herein to forthwith consider the petitioner's representation in view of the induction of tenants in the subject premises and be pleased to pass such other order or orders....."2
SN, J WP_9595_2024 PERUSED THE RECORD
3. The case of the petitioner in nutshell is that he is the absolute owner and possessor of House bearing No.8-4-518 and 8-4-519 situated at Erragadda, Hyderabad. On 29.03.2024, the petitioner submitted an application to the respondent authorities for providing electricity supply to his house, but the respondents failed to consider the said request of the petitioner as on date. Hence, the writ petition. DISCUSSION AND CONCLUSION
4. It is the specific case of the petitioner that the petitioner is not in arrears or in default of payment of electrical charges, but the respondents have not provided the electricity amenities to the petitioner's premises bearing municipal number 8-4-518 and 8-4- 519 situated at Erragadda, Hyderabad having received petitioner's representation dated 29.03.2024 enclosing development Agreement, title deed and link documents. 3
SN, J WP_9595_2024
5. Learned Standing Counsel appearing on behalf of respondent Nos.1 to 3 referring to the earlier order of this Court dated 14.02.2024 passed in W.P. No. 8382 of 2021 filed by the petitioner herein submits that the petitioner had not challenged the said order by preferring a writ appeal and as on date the petitioner had not approached the respondents with the relevant documents and upon the petitioner approaching the respondent authorities with relevant documents, with a request to provide electricity connection to the petitioner's premises bearing municipal number 8-4- 518 and 8-4-519 situated at Erragadda, Hyderabad, the same would be considered, in accordance to law within a reasonable period.
6. DISCUSSION AND CONCLUSION:
Section 43 of the Electricity Act, 2003 reads as under:
"Section 43. (Duty to supply on request) (1)(Save as otherwise provided in this Act, every distribution) licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month 4 SN, J WP_9595_2024 after receipt of the application requiring such supply:
7. The Apex in the Judgment reported in 2023 LiveLaw (SC) 453 in between K.C.Ninan Vs. Kerala State of Electricity Board and others passed in Civil Appeal Nos.2109 and 2110 of 2004, dated 19.05.2023, observed as under:
"Electricity Act, 2003; Section 43 - The duty to supply electricity under Section 43 is with respect to the owner or occupier of the premises. The 2003 Act contemplates a synergy between the consumer and premises. Under Section 43, when electricity is supplied, the owner or occupier becomes a consumer only with respect to those particular premises for which electricity is sought and provided by the Electric Utilities."
8. The Apex Court in its Judgment reported in (2011) 12 Supreme Court Cases 314 in between Chandu Khamaru Vs. Nayan Malik and Others passed in Civil Appeal No.7575 of 2011 dated 02.09.2011 observed as under:
6. Sub-section (1) of Section 42 and sub-section (1) of Section 43 of the Electricity Act, 2003 are quoted herein below:
"42. Duties of distribution licensees and open access-(1) It shall be the duty of a distribution licensee to develop and maintain an efficient co-ordinate and economical distribution system in his area of supply and to supply 5 SN, J WP_9595_2024 electricity in accordance with the provisions contained in this Act."
"43. Duty to supply on request-(1) Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply."
7. It will be clear from sub-section (1) of Section 42 that every distribution licensee has a duty to develop and maintain an efficient co-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act. Sub-section (1) of Section 43 provides that every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply. These provisions in the Electricity Act, 2003 make it amply clear that a distribution licensee has a statutory duty to supply electricity to an owner or occupier of any premises located in the area of supply of electricity of the distribution licensee, if such owner or occupier of the premises applies for it, and correspondingly every owner or occupier of any premises has a statutory right to apply for and obtain such electric supply from the distribution licensee.
10. ..............The case of the appellant, on the other hand, is that this passage is not a private passage of respondent Nos.1 to 3 but is a common passage and therefore an electric line can be drawn through this common passage. This dispute will have to be resolved in Civil Suit No.83 of 2004 pending in the Court of Civil Judge (Junior Division), Howrah, or in any other suit, but pending resolution of this dispute between the parties, the appellant cannot be denied supply of electricity to his house.
11. We, therefore, set aside the order of the learned Single Judge as well as the impugned order of the Division Bench and dispose of the Writ Petition of respondent nos.1 to 3 with the direction that the distribution licensee will find out whether there is any other way in which electric line can be drawn for supply of electricity to the house of the appellant, other than the disputed passage in Dag Nos.406, 407 and 409. If there is no other way to supply electricity to the house of the appellant, the distribution licensee will follow the provisions of sub-section (2) of Section 67 of the Electricity Act, 2003 for 6 SN, J WP_9595_2024 carrying out the work for supply of electricity to the house of the appellant.
9. The Apex Court in the Judgment reported in 2022 LiveLaw 570 in between Dilip (dead) through LRs Vs. Satish and others passed in CRLA No.810 of 2022 (arising out of Special Leave petition (CRL)No.8917 of 2019, dated 13.05.2022 observed as under:
"It is not disputed that applicant No.1 has obtained the connection of electricity. The submissions made show that applicant No. 1 is in possession of the shop and he is running a saloon shop. It is clear that he needs electricity for doing this business, but the first informant was not giving no objection certificate. He took every step to see that applicant No. 1 does not get supply of electricity for his business. It is not the case of the Applicant No. 1 that as per the agreement between him and landlord, the landlord is bound to supply the electricity. Further, the Electricity Board seeks no objection of landlord only to verify that the possession of the tenant is authorised. There is no other purpose behind obtaining such no objection from landlord. The landlord cannot prevent the tenant from availing such facility at his own cost.
It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question. Be that as it may, the High Court clearly fell in error in quashing the FIR. It cannot be said that fabrication and/or creation of records and/or forging a signature does not constitute an offence under the 7 SN, J WP_9595_2024 Indian Penal Code. The High Court completely overlooked the definition of cheating in Section 415 of the IPC. It is however made clear that electricity supply granted, shall not be discontinued, subject to compliance by the Respondents of the terms and conditions of supply of electricity by the electricity department including payment of charges for the same."
10. Taking into consideration
(a) The observations of the Apex Court in the judgments referred to and extracted above,
(b) Duly considering Section 43 of the Electricity Act, 2003, and
(c) Duly considering the submissions made by the learned Standing Counsel appearing on behalf of respondent Nos.1 to 3, The writ petition is disposed of directing the petitioner to approach the respondent Nos.1 to 3 with all the relevant documents within one (01) week from the date of receipt of a copy of this order and the respondent Nos. 1 to 3 are directed to consider the same in accordance to law duly taking into consideration the observations of the Apex Court (referred to and extracted above) and take appropriate action pertaining to the subject issue of providing 8 SN, J WP_9595_2024 electricity service connection to the petitioner's premises bearing municipal number 8-4-518 and 8-4- 519 situated at Erragadda, Hyderabad within one (01) week from the date of receipt of the copy of the order. However, there shall be no costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 06.006.2024 Skj/mnv