Telangana High Court

Mohammed Aijaz Khan vs The State Of Telangana on 24 April, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

        HON'BLE MRS JUSTICE SUREPALLI NANDA

            WRIT PETITION No.10932 OF 2024

ORDER:

Heard Mr.Mohammed Aslam, learned counsel for

the petitioner, learned Assistant Government Pleader

for Energy appearing on behalf of respondent No.1 and

Mr. R. Vinod Reddy, learned Standing Counsel for

TSSPDCL appearing for respondent Nos.2 and 3.

2. The petitioner approached the Court seeking

prayer as under:

" ... to issue any Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS by directing the respondents Nos.1 to 3 to restore electricity service meter vide S.C.No.S9032117 in respect of the flat No.302, 3rd floor, Key's Abbas Residency Apartments, Minar Colony, Tolichowki, Golconda, Hyderabad T.S. and pass such order or orders as deemed fit and proper in the circumstances of the case."

3. The case of the petitioner in brief is that the petitioner is

the tenant of the flat No.302, on 3rd floor, Key's Abbas Residency

Apartments, Minar Colony, Tolichowki, Golconda, Hyderabad and

the petitioner had obtained the said flat on rent from

respondent No.4 and a rental agreement was executed by the

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respondent No.4 on 27.01.2022 on a monthly rent of

Rs.11,000/- and maintenance of Rs.1,500/- per month.

Presently, petitioner is paying monthly rent of Rs.11,550/-

apart from Rs.1,500/- towards monthly maintenance amount.

It is further the case of the petitioner that respondent No.4

and her family members started interfering into petitioner's

peaceful possession over the said rented flat and tying to

dispossess the petitioner without following due process of law

and on 07.01.2024 the respondent No.4 irregularly entered

into petitioner's subject rented flat and threatened the

petitioner to vacate the said flat. After petitioner lodged a

complaint dated 16.01.2024 before Lunger House P.S. and

registered a case in Cr.No.25 of 2024, respondent No.4

requested the petitioner to stay in aforesaid flat. On

04.03.2024, respondent Nos.2 to 4 along with their staff

visited petitioner's rented flat and without any prior

intimation, respondents 2 and 3 removed the electricity

service meter vide S.C.No.S9032117 under the influence of

respondent No.4. Later on 27.03.2024, the petitioner gave a

representation to respondent Nos.2 and 3 to restore service

electricity meter of the said flat, however, the respondents did

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not act upon the same. Aggrieved by removal of electricity

service meter high handedly by the respondent Nos.2 and 3,

petitioner filed the present writ petition.

PERUSED THE RECORD

4. Few relevant provisions are extracted hereunder:

a) Sub-section (1) of Section 42 and Sub Section (1)

of Section 43 of the Electricity Act, 2003, are extracted

hereunder:

"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-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act.

"43(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:Provided that where such supply requires extension of distribution mains, or commissioning of new sub- stations, the distribution licensee shall supply the electricity to such premises immediately after such

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extension or commissioning or within such period as may be specified by the Appropriate Commission

b) A bare perusal of Sub-Section (1) of Section 42 clearly

indicates 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. The

Electricity Act, 2003 has also made provisions to enable the

distribution licensee to carry out works for the purpose of

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supplying electricity to the owners or the occupiers of

premises in his area of supply.

c) Section 67 of the Electricity Act, 2003 is extracted

hereunder:

"67. Provision as to opening up of streets, railways, etc.- (1) A licensee may, from time-to-time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electric supply lines without the area of supply, without that area carry out works such as-

(a) to open and break up the soil and pavement of any street, railway or tram- way;

(b) to open and break up any sewer, drain or tunnel in or under any street, railway or tramway;

(c) to alter the position of any line or works or pipes, other than a main sewer pipe;

(d) to lay down and place electric lines, electrical plant and other works;

(e) to repair, alter or remove the same;

(f) to do all other acts necessary for transmission or supply of electricity.

(2) The Appropriate Government may, by rules made by it in this behalf, specify,-

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(a) the cases and circumstances in which the consent in writing of the appropriate Government, local authority owner or occupier, as the case may be, shall be required for carrying out works;

(b) the authority which may grant permission in the circumstances where the owner or occupier objects to the carrying out of works;

(d) the procedure and manner of consideration of objections and suggestions received in accordance with the notice referred to in clause (c);

(e) the determination and payment of compensation or rent to the persons affected by works under this section;

(f) the repairs and works to be carried out when emergency exists;

(g) the right of the owner or occupier to carry out certain works under this section and the payment of expenses therefor;

(h) the procedure for carrying out other works near sewers, pipes or other electric lines or works;

(i) the procedure for alteration of the position of pipes, electric lines, electrical plant, telegraph lines, sewer lines, tunnels, drains, etc.;

(j) the procedure for fencing, guarding, lighting and other safety measures relating to works on streets, railways, tramways, sewers, drains or tunnels and immediate reinstatement thereof;

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(k) the avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works;

(l) the procedure for undertaking works which are not reparable by the Appropriate Government, licensee or local authority;

(m) the manner of deposit of amount required for restoration of any railways, tramways, waterways, etc;

(n) the manner of restoration of property affected by such works and maintenance thereof;

(o) the procedure for deposit of compensation payable by the licensee and furnishing of security; and

(p) such other matters as are incidental or consequential to the construction and maintenance of works under this section.

DISCUSSION

5. The learned counsel appearing on behalf of

respondent Nos.1 to 3 does not dispute the legal

position that the respondent Nos.1 to 3 have a

statutory duty to supply electricity to an owner or

occupier upon an application filed by the said applicant.

6. The Hon'ble Apex Court in the judgment reported

in 2022 Livelaw (SC) 570 in "DILIP (DEAD) THROUGH

LRS. versus SATISH & OTHERS vide CRIMINAL APPEAL

NO. 810 OF 2022 (ARISING OUT OF SPECIAL LEAVE

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PETITION(CRL.) NO. 8917 OF 2019) dated 13.05.2022

dealing with a dispute of a landlord and tenant in

respect of an electricity service connection observed as

under:

"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."

7. The Hon'ble Apex Court in the judgment reported

in (2011) 12 SCC 314 in Chandu Khamaru v Nayan

Malik and others in its Head Note observed as under:

" Electricity Act, 2003 - Ss.43(1), 42, 67(1), and 67(2)

- Right to electricity supply - Wire having to pass through land which was subject matter of dispute between appellant and his three neighbours (Respondents 1 to 3) - Held, distribution company being under legal obligation to supply electricity, cannot deny supply on ground of dispute -

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Appellant, held, has right to get electricity for his premises - Electricity company directed to find out means, if any, for supplying electricity to appellant through a route other than disputed land - If this was not possible, distribution company directed to invoke its power under Section 67 of opening up of streets, etc and to ensure supply of electricity to appellant."

8. Taking into consideration the facts and

circumstances of the case, the relevant provisions

(referred to and extracted above) and the observations

of the Apex Court in the judgment dated 02.09.2011

reported in (2011) 12 SCC 314 in Chandu Khamaru v

Nayan Malik and others and the judgment dated

13.05.2022 of the Apex Court in "DILIP (DEAD)

THROUGH LRS. versus SATISH & OTHERS reported in

2022 Livelaw (SC) 570, this Court opines that petitioner

has a statutory right to apply for and obtain electricity

service connection and the respondent Nos.1 to 3 have

a corresponding statutory obligation to provide the