Telangana High Court
Peechara Hanumantha Rao vs Cooperative Electric Supply ... on 4 September, 2023
Bench: Alok Aradhe, N.V.Shravan Kumar
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.875 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Vanam Vishwanatham, learned counsel for the
appellant.
Mr. B.Arjun, learned counsel representing
Mr. Ch.Koteswara Rao, learned counsel for respondents
No.1 to 3.
Mr. T.Bala Mohan Reddy, learned counsel for
respondent No.4.
Mr. R.Vinod Reddy, learned counsel for respondent
No.5.
2. With the consent of the parties, the matter is heard
finally.
3. This intra court appeal has been filed against the
order dated 08.08.2023 passed by the learned Single Judge
in I.A.No.2 of 2023 in W.P.No.15257 of 2023 by which the
2
interim order granted in favour of the appellant on
16.06.2023 has been vacated.
4. Facts
giving rise to filing of this appeal briefly stated
are that the appellant/writ petitioner filed the writ petition
seeking a direction to respondents No.1 to 3 and
respondent No.5 in the writ petition not to disconnect the
power supply to the appellant's service connection.
Learned Single Judge by an interim order dated
16.06.2023 directed the official respondents not to
disconnect the electricity supply to the appellant's service
connection located in Survey No.491 measuring Acs.4.39
guntas situated at Mallareddypet Village, Gambiraopet
Mandal, Rajanna Sircilla District.
5. The private respondent in the writ petition filed an
application seeking vacation of the aforesaid interim order.
The learned Single Judge thereupon after hearing the
parties, by an order dated 08.08.2023, has vacated the ad
interim order. The learned Single Judge held that the
appellant had furnished an undertaking that in case of any
objection, the authorities can disconnect the electricity
supply. In the aforesaid factual background, this writ
appeal has been filed.
6. Learned counsel for the appellant submitted that the
appellant has right to claim electricity connection,
irrespective of the fact that whether or not appellant has
title in respect of the property in question.
7. On the other hand, learned counsel for the private
respondent submitted that the appellant has obtained
electricity connection by playing fraud and therefore he
cannot be allowed to take the benefit of electricity
connection.
8. We have considered the submissions made on both
sides and have perused the record.
9. Right to electricity is a part of right to life which in
turn is guaranteed under Article 21 of the Constitution of
India. The appellant is admittedly in possession of the
subject property on which borewell is situated. Therefore,
he is entitled to the electricity connection. Mere grant of
electricity connection has no bearing on the question of
title in respect of the property which, in any case, is
pending adjudication in a suit. The learned Single Judge
ought to have appreciated that in case the interim order is
vacated, the appellant shall suffer irreparable prejudice as
it will cause damage to his standing crops. Therefore, the
learned Single Judge, in the peculiar facts of the case,
ought not to have vacated the ad interim order.
10. For the aforementioned reasons, the impugned order
dated 08.08.2023 passed by the learned Single Judge is set
aside. The official respondents are restrained from
disconnecting the electricity supply to the property in
question during the pendency of the writ petition. It is
made clear that the observations made in this order have
been only made for the purpose of deciding this writ appeal
and shall have no bearing on the writ petition which is
pending before the learned Single Judge for adjudication.
All the contentions are kept open which can be raised by
learned counsel for the parties.
11. Writ appeal is accordingly allowed.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________
ALOK ARADHE, CJ
______________________________________
N.V.SHRAVAN KUMAR, J
04.09.2023
vs
