Telangana High Court
Syed Nayeem vs The Southern Power Distribution ... on 26 August, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
Writ Appeal No. 547 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.Saleem, learned counsel for the appellant and
Mr. R.Vinod Reddy, learned Standing Counsel for Southern Power
Distribution Company of Telangana Limited (TSSPDCL)
appearing for respondent No.1.
2. The writ appeal is directed against interim order
dated 27.07.2022 passed by the learned Single Judge in I.A.No.1 of
2022 in W.P.No.17923 of 2022.
3. The related writ petition has been filed by respondent No.2
seeking a direction to respondent No.1 to provide new electricity
meter connection, which is not being provided because of
objection/resistance by the appellant.
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4. In the interlocutory application, prayer was made to direct
respondent No.1 to provide electricity connection to the writ
petitioner as it is essential to lead a normal life with dignity as
contemplated under Article 21 of the Constitution of India.
5. Learned Single Judge, on due consideration, passed the
following interim order:
It is contended by the learned counsel for petitioner
that the property, which is occupied by the petitioner, was
gifted to him under a notarized memorandum of gift deed
dated 05.08.2021 and that earlier there was only one
Petitioner electricity connection to the subject property
and in view of dispute between the petitioner and the
second respondent, power connection was disconnected
to the portion occupied by the petitioner.
In the counter filed by the first respondent, it is
stated that objection was raised by second respondent
stating that he is the owner of portion of the property
occupied by the petitioner and that the petitioner has
produced fabricated and forged documents to obtain
electricity service connection and that the application of
the petitioner was rejected on 25.8.2022.
No counter is filed by respondent No.2.
However, petitioner claimed that there are two
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separate portions, one occupied by second respondent
and another occupied by the petitioner.
There shall be interim direction to the first
respondent to provide new domestic electricity service
connection to the petitioner, in accordance with law,
pending disposal of the writ petition.
Post on 24.8.2022.
6. We see no reason to interfere with the interim order passed
by the learned Single Judge. There may be property dispute
between the appellant and respondent No.2 but, that does not
mean that one of the parties should be denied electricity, which is a
basic requirement of modern human existence.
7. At this stage, leaned Standing Counsel submits that the
appellant and respondent No.2 are brothers living in the same
compound.
8. That apart, the writ petition is pending for consideration.
9. In the circumstances, with the observation that electricity
connection provided to respondent No.2 (writ petitioner) would be
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subject to outcome of W.P.No.17923 of 2022, the writ appeal is
dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand
dismissed.
__________________
UJJAL BHUYAN, CJ
_______________________
C.V.BHASKAR REDDY, J
Date: 26.08.2022
LUR
