Telangana High Court
Mohammed Sohail Vakil vs The State Of Telangana on 23 April, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.8243 of 2024
ORDER:
Heard Mr.Mustafa Basith, learned counsel
appearing on behalf of petitioner and learned
Government Pleader for Energy, appearing on behalf of
respondent No.1, Mr.P.Prasad, learned Standing
Counsel for TSERC, appearing on behalf of respondent
No.2, Sri R.Vinod Reddy, learned Standing Counsel for
TSSPDCL, appearing on behalf of respondent Nos.3 to 5.
2. The petitioner approached the Court seeking the
prayer as follows:
"......to issue a writ or order or direction more
preferably Writ of Mandamus declaring the action of the
respondents in disconnecting the Electricity vide Meter
bearing Service No.314100397 and Unique SC
No.113404214 as illegal, contrary to the Rules and
Regulations of the Electricity Act, 2003 and also violative
of Articles 14 and 300A of the Constitution of India and
consequently, direct the Official respondents to restore
the Electricity over the property bearing Sy.No.2,3,4,5,
Shivrampally, Rajendranagar over Meter bearing Service
No.314100397 and Unique SC No.113404214 and pass
such other order or orders as this Honourable Court may
deem fit and proper in the circumstances of the case."
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3. The case of the petitioner, in brief, as per the
averments made by the petitioner in the affidavit filed
by the petitioner in support of the present writ petition
is as follows:
a) The petitioner is the tenant of the premises bearing
Survey Nos., 2, 3, 4, 5, admeasuring 3000 Sq. Feet, Situated
at Pillar No.265, Aramghar, Shivrampally Village, Rajendra
Nagar Mandal, Ranga Reddy District, T.S. and that the
petitioner obtained the premises for running the Hotel
Business on rent from the Respondent No.6 under
unregistered Rental Agreement dated 11.04.2023 on a
monthly rent of Rs.1,70,000/- (Rupees One Lakh and Seventy
Thousand Only) and the petitioner had deposited an amount
of Rs.17,00,000/ (Rupees Seventeen Lakh Only) as security
deposit amount which is refundable at the time of vacating
the premises.
b) It is respectfully submitted that since the Respondent No.
6 and his associates were interfering in the possession of the
property and demanding the petitioner either to enhance the
rent abnormally or to vacate the property as such, the
petitioner was constrained to file the Suit for Perpetual
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Injunction vide OS.No. 478 of 2023 on the file of Hon'ble II
Junior Civil Judge, at Rajendranagar and the petitioner has
also filed I.A.No. nil of 2023 for grant of ad-interim injunction
and the Hon'ble court has been pleased to grant Ad-Interim
Injunction restraining the Respondents in the suit from
interfering with the possession of the property.
c) It is further the case of the petitioner that the petitioner is
having Electricity connection vide Service No. 314100397 and
Unique SC No. 113404214 and the same stands in the name
of petitioner's landlord i.e. Respondent No 6. The said
electricity meter was disconnected from the tenanted
premises on the application submitted by Respondent No 6
being the owner. Therefore, the said act of the respondent
No.6 as well as the respondent Nos. 3 to 5 is illegal and
unauthorized and against the settled principles of law.
Aggrieved by the action of respondent Nos.3 to 5 and
respondent No.6, the present writ petition is filed.
PERUSED THE RECORD
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4. Notice before Admission has been ordered by this Court
on 01.04.2024 and in compliance to the directions of this
Court dated 01.04.2024 the learned counsel for the petitioner
got issued personal notice to the respondent No.6 through
registered post and acknowledgment due (RPAD) and filed
proof of service of notice to the respondent No.6 into registry
and to that effect filed Memo, dated 18.04.2024.
5. 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
after receipt of the application requiring such
supply:
6. 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
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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."
7. 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:
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
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
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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.
12. 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
carrying out the work for supply of electricity to the house of
the appellant.
8. 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
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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
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."
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9. This Court opines that the petitioner cannot be denied
supply of electricity to petitioner's house and the respondent
Nos.3 to 5 herein cannot disconnect electricity supply to the
petitioner who is the tenant of the subject premises, owned
by the 6th respondent, on receipt of an application submitted
by the 6th respondent - owner.
10. Taking into consideration the facts and
circumstances of the case,
(a) Duly taking in to consideration the observations of
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.
(b) Duly taking into consideration the observations of
the Apex Court in the 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,
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(c) Duly taking into consideration the observations of
the Apex Court in 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.
(d) Duly taking into consideration of Section 43(1) of
the Electricity Act, 2003.
The present writ petition is allowed as prayed for and
the respondent Nos.3 to 5 are directed to restore the
Electricity power supply over the property bearing
Sy.No.2,3,4,5, Shivrampally, Rajendranagar over Meter
bearing Service No.314100397 and Unique SC
No.113404214, within a period of one (01) week from
the date of receipt of the copy of this order by giving
due notice of the same to the 6th respondent herein. It
is however, made clear that electricity service
connection granted, shall not be discontinued by the
respondent Nos.3 to 5 subject to the petitioner
complying with the required terms and conditions as
per the Rules in force, including payment of charges by
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the petitioner. However, there shall be no order as to
costs.
Miscellaneous petitions, if any, pending shall stand
closed.
__________________________
MRS JUSTICE SUREPALLI NANDA
Date: 23rd April, 2024
ksl.
