Telangana High Court

M/S. Vasudeva Realtors Pvt Limited vs The Southern Power Distribution ... on 18 July, 2024

         THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                      AND
        THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI



                   WRIT APPEAL No.831 of 2024

JUDGMENT:

(Per the Hon'ble the Chief Justice Alok Aradhe)

Mr. B.Mayur Reddy, learned Senior Counsel

representing Mr. P.Sathwik Reddy, learned counsel for the

appellant.

Mr. R.Vinod Reddy, learned Standing Counsel for the

Transmission Corporation of Telangana Limited for the

respondents No.1 to 4.

Mr. S.V.Ramana, learned counsel for the respondent

No.5.

2. This intra court appeal is filed against the order

dated 12.03.2024 passed by the learned Single Judge by

which the writ petition preferred by the appellant, namely

W.P.No.15253 of 2023, has been dismissed on the ground

that the appellant has failed to prove its possession as well

as agreement of sale executed in its favour.

3. Facts giving rise to filing of the appeal briefly stated

are that the appellant is engaged in the business of real

estate. The respondents No.6 and 7 were the owners and

possessors of agricultural land bearing Survey Nos.302,

303, 304, 305, 306, 307, 308 and 310 measuring

Acs.42.22 guntas situated at Solipet Village (hereinafter

referred to as, "the subject land"). The appellant had

agreed to purchase the said land for a consideration of

Rs.1,17,12,050/-. In pursuance of the aforesaid

agreement, according to the appellant, it paid a sum of

Rs.64,00,000/- to the respondents No.6 and 7. However,

the appellant was informed that since the subject land has

been mortgaged, the sale deed would be executed once the

said land is redeemed.

4. According to the appellant, it is in possession of the

subject land since 19.05.2005. It was averred in the writ

petition that two buildings were situated at the subject

land and the electricity connection was provided to the

aforesaid buildings. It is the appellant's case that the

respondent No.5 in collusion with the respondents No.6

and 7 started claiming the subject land on the basis of sale

deeds executed in her favour. Thereupon, the appellant

instituted O.S.No.105 of 2021 in which an interim order of

injunction dated 02.11.2021 was granted restraining the

respondents from alienating or creating any third party

interest over the suit property.

5. The respondent No.5 made an application to the

respondents No.1 to 4 to transfer the electricity connection

in her favour which was initially rejected. The aforesaid

order of rejection was challenged by the respondent No.5 in

a writ petition, namely W.P.No.24519 of 2021, which was

disposed of by directing the Telangana State Southern

Power Distribution Company Limited (TGSPDCL) to

consider the documents submitted by the respondent No.5

and to pass appropriate orders. Thereafter, the authorities

of TGSPDCL informed the appellant about the

disconnection of electricity. Thereupon, the appellant filed

the writ petition in which the action of the TGSPDCL in

transferring the power supply in the name of the

respondent No.5 and in threatening to disconnect the

power supply was challenged. The learned Single Judge,

by an order dated 12.03.2024, dismissed the writ petition,

inter alia, on the ground that the appellant has not been

able to prove the agreement of sale executed in its favour

and has also not been able to prove the fact that it is in

possession of the subject land. Hence, this appeal.

6. Learned Senior Counsel for the appellant submitted

that the issue before the learned Single Judge was with

regard to the validity of the action of the TGSPDCL in

transferring the electricity connection in favour of the

respondent No.5 and in threatening the appellant with

disconnection of power supply. The learned Single Judge

has travelled beyond the scope of the writ petition and has

recorded a finding with regard to title and possession of the

appellant over the subject land, which is not permissible

under Article 226 of the Constitution of India.

7. On the other hand, learned Standing Counsel for the

respondents No.1 to 4 has submitted that the action for

supply of electricity and disconnection shall be made in

accordance with Clauses 5.1 and 5.2 of the General Terms

and Conditions of Supply.

8. On the other hand, learned counsel for the

respondent No.5 has supported the order passed by the

learned Single Judge.

9. Heard the learned counsel for the parties and

perused the record.

10. The dispute between the parties emanates from filing

an application seeking electricity connection by the

respondent No.5. Telangana State Electricity Regulatory

Commission has adopted General Terms and Conditions of

Supply approved by Andhra Pradesh Electricity Regulatory

Commission. The General Terms and Conditions of Supply

have been made in pursuance of Clause 21 of the

Distribution and Retail Supply Licence granted by the

Regulatory Commission and in accordance with the

provisions of the Electricity Act, 2003. Clause 5 of the

aforesaid General Terms and Conditions of Supply deals

with supply of electricity. Relevant Clauses 5.1 and 5.2

thereof are extracted below for the facility of reference.

"5. Supply of Electricity

5.1. Company's Duty to Supply

The Company shall, on an application by the owner or occupier of any Premises, located in his area of supply, give supply of electricity to such Premises in accordance with Section 43 of the Act and the APERC ('Licensees' duty for supply of electricity on request) Regulation, 2004 (No.3 of 2004) as well as the APERC ('Licensees' Standards of Performance) Regulation, 2004 (No.7 of 2004). The applicant must however ensure compliance with the procedure specified in the GTCS.

5.2. Requisition for Supply

5.2.1. Requisition for supply for a new connection or additional load must be submitted in the prescribed format of Application for supply of Electricity at Low Tension (LT) (Appendix I) and the Application for supply of Electricity at High Tension (HT) (Appendix II) as the case may be. The Company will make available the prescribed form free of cost at the offices specified by the Company and will also provide the same on the Company's Internet website for free downloading. Photocopies of a blank application form duly filled in, shall also be accepted by the Company.

Any assistance or information required in filling up the application form will be given to the applicant at the offices specified in the Designated Officers' Notification.

5.2.2. The requisition shall be made by the owner or occupier of the premises for which supply is required. The application form complete in all respects and accompanied with the undertaking and prescribed fees, charges and security, shall be submitted at the office of the Officer specified in the Designated Officers Notification. The Company shall verify the application and the enclosed documents at the time of receipt of application, and shall issue a written acknowledgement.

5.2.3 An applicant who is not the owner of the premises he occupies and intending to avail of supply shall submit an Indemnity Bond drawn by the owner of the premises in favour of the company whereby the owner of the premises undertakes to indemnify the company for any loss caused to the company by the applicant (who is the tenant/ occupant of the Premises) arising out of the release of service to the tenant/ occupant. Otherwise he shall be required to pay three times the normal security deposit apart from providing proof of his being in lawful occupation of the premises.

5.2.4. Where the consumer's premises has no frontage on a street and the supply line from the company mains has to go upon, over or under the adjoining premises of any other person (and whether or not the adjoining Premises owned jointly by the consumer and such other person), the consumer shall arrange at his own expense for any necessary way-leave, license or sanction. The Company shall not be bound to afford supply until the way leave or sanction is granted. Any extra expenses incurred in placing the supply line in accordance with the terms of the way leave, license or sanction shall be borne by

the consumer. In the event of the way-leave, license or sanction being cancelled or withdrawn, the consumer shall, at his own cost, arrange for any diversion of the service line or the provision of any new service line thus rendered necessary.

5.2.5. It shall not be incumbent on the Company to ascertain the legality or adequacy of way-leave, license or sanction obtained by the consumer.

5.2.6. A consumer requiring supply for industrial or commercial purposes for new or additional loads shall obtain the necessary license or permission or no-objection certificate from the local authority or any other competent authority as might be required under the statute.

5.2.7. After receipt of the complete application form along with required supporting documentation and charges, the Company takes action to release supply within the time frames prescribed in the APERC ('Licensees' duty for supply of electricity on request) Regulation, 2004 (No.3 of 2004) as well as the APERC ('Licensees' Standards of Performance) Regulation, 2004 (No.7 of 2004) issued by the Commission."

11. The application submitted by any party has to be

dealt with in accordance with the relevant clauses of the

General Terms and Conditions of Supply. The learned

Single Judge has transgressed his jurisdiction in recording

a finding of fact about the possession of the appellant and

with regard to the agreement executed in favour of the

appellant.

12. Therefore, the respondents No.1 to 4 are directed to

take an action in accordance with Clauses 5.1 and 5.2 of

the General Terms and Conditions of Supply on the

application submitted by the respondent No.5 without

being influenced by the observations contained in the order