Limbani Limber Traders vs The State Of Telangana Rep. By Its ...
2022 Latest Caselaw 6073 Tel

        THE HONOURABLE SRI JUSTICE K.SARATH

                    WRIT PETITION No. 3646 of 2017
ORDER:

This Writ Petition is filed seeking the following relief:

]

".......to issue a Writ or Order in the nature of Writ of Mandamus or an appropriate Writ holding that disconnecting the power supply and removing the (1) electricity Meter bearing No.363000529 of the Petitioner No.1 herein, (2) Meter bearing No.363000528 of the Petitioner No.2 herein, (3) Meter bearing No.363000530 of the Petitioner No.3 herein, (4) Meter bearing No.363001700 of the Petitioner No.4 herein and (5) Meter bearing No.362500116 of the Petitioner No.5 herein by the respondents is illegal, arbitrary abd against the principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and direct the respondents to restore power supply including re-fixing the electricity meters (1) electricity Meter bearing No.363000529 of the Petitioner No.1 herein, (2) Meter bearing No.363000528 of the Petitioner No.2 herein, (3) Meter bearing No.363000530 of the Petitioner No.3 herein, (4) Meter bearing No.363001700 of the Petitioner No.4 herein and (5) Meter bearing No.362500116 of the Petitioner No.5"

2. Heard Sri K. Muralidhar Reddy, learned counsel for the

petitioners and learned Government Pleader for Energy, ::2::

appearing for respondent No.1, Sri R. Vinod Reddy, learned

Standing Counsel appearing for respondent Nos.2 to 5.

3. Learned counsel for the petitioners submit that the

petitioners are running timber business including work shop

having cutting machines and other machinery used for making

packing material for more than 25 years in Sy. Nos.222 and 223

of Madinaguda Village, Serilingampally Mandal, Ranga Reddy

District and the petitioners are operating the machinery by

obtaining electricity connections in the years 1997 and 1998.

The petitioners were regularly paying the electricity charges as

demanded by the respondents. At the instances of the Deputy

Commissioner, Greater Hyderabad Municipal Corporation

(GHMC), the Revenue Officials disconnected the power

supply and salvaged some electricity meters on 27.09.2016

without any notice and without following the procedure.

Immediately, the petitioners approached the respondents-

Corporation to restore the power supply. In spite of that the

respondents have endorsed on the representation given by the

petitioners that the power supply was disconnected on the oral ::3::

instructions given by the Deputy Commissioner, GHMC,

Serilingampally Circle, Ranga Reddy District and meters were

removed.

4. The counsel for the petitioner further submitted that

before disconnecting the power supply and removing the

meters either the electricity Officials or the GHMC has not

given any notice to the petitioners and the said action of the

respondents is arbitrary, illegal and violative of Article 226 of

Constitution of India. The counsel for the petitioners relied

upon the judgments passed by this Court in T. Sree Rama

Murthy and Others Vs. Special Officer 1 ; S.Ravi Yadav Vs.

T.S.S.P.D.C.L2 and Shobha Bose Vs. T.S.S.P.D.C.L3. This

Court, time and again reiterated that under Section 43 of the

Electricity Act imposes duty on every distribution licensee to

provide power supply to the owner or occupier of the

premises and the power supply cannot be disconnected

without following due process. The action of disconnection of

the electricity supply without issuance of the notice to the

2002 (2) ALD 731

WP No.1763 of 2019, TS High Court

WP No.17810 of 2020, TS High Court ::4::

concerned consumers cannot said to be susceptible in law. The

concerned authorities under Municipality are at liberty to

initiate the appropriate action relating to the shifting of the

units under the relevant provisions of the Municipalities Act.

At the instance of Municipal Authorities or any Statutory

Authority or competent authority, the respondents cannot

disconnect the power supply of the petitioners and requested

to allow the Writ Petition and direct the respondents to restore

the power supply.

5. Sri R. Vinod Reddy, learned counsel for the respondent

Nos. 2 to 5 submits that as per the instructions of the Officials

of GHMC and Revenue Department, the Staff of TSSPDCL

disconnected the power connections and salvaged some

electricity meters. The GHMC and the Revenue Officials

directed the TSSPDCL staff not to provide power to the illegal

structures as they have been demolished and the petitioners

have no right to claim that they are entitled to be provided

power under the Electricity Act, 2003 as the structures raised ::5::

by them are illegal as they are located in tank bed lands

obstructing the free flow of water into the tanks.

6. After hearing both sides, this Court is of the considered

view that, the petitioners obtained power supply in the years

1997 and 1998. Without issuing notice to the petitioners,

Electricity Authorities or Municipal Authorities cannot

disconnect the power supply on 27.09.2016. The GHMC was

impleaded as respondent No.6 in this Writ Petition and they

did not choose to file any counter. The counter filed by the

respondent No.4 clearly stating that they disconnected the

power supply basing on the instructions of Officials of GHMC

and Revenue Department as the petitioners' premises are

located on tank bed lands and obstructing the free flow of rain

water into the tanks. The respondents failed to show the

proceedings as to how they arrived to such conclusion.

Admittedly, the respondents failed to follow the procedure as

specified under 42.2 of the APSEB Terms and Conditions of

Supply. Moreover, the petitioners are running timber business

as on this date. The petitioners filed documents showing that ::6::

they have obtained finance to run their saw mills and paying

bills regularly. It clearly shows that the respondents were high

handedly, without following any procedure, disconnected the

power supply to the petitioners and removed the electricity

meters. The judgments relied by the petitioners squarely

covers to this instant case and Writ Petition is liable to be

allowed.

7. In view of the same, the Writ Petition is allowed with a

direction to respondents to restore the power supply of the

petitioner forthwith including refixing electricity meters of the

petitioners.

8. Miscellaneous applications, if any, shall stand closed.

There shall no order as to costs.

____________________ JUSTICE K.SARATH

....11.2022

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