Yalamala Yadhagiri v. The State Of Telangana

[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAO (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION NO: 16224 OF 2021 Between:

Yalamala Yadhagiri, S/o Balakishtaiah, Aged about 41 year, Occ: Business, Rl/o H. No.3-181/6, Ground Floor, Nandhi Hills, Meerpet, Balapur Mandal, R. R. District.

...PETITIONER AND

1. The State of Telangana, Rep. by its Prl Secretary, Energy Department, Secretariat, Hyderabad.

2. The Chairman and Managing Director, Telangana State Southern Power, Distribution Company Ltd., Telangana at Hyderabad.

3. The Superintendent Engineer, TSSPDCL, Ranga Reddy District.

4. The Divisional Engineer, TSSPDCL, Champapet Dlvision, R. R. District.

5. The Asst Engineer, Sub Station, Nandanavanam, Saroornagar Mandal, R. R. District.

...RESPONDENTS Petition under Artide 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, by declaring the against the action of the Respondent No. 4 and 5 in non receiving the representations of the Petitioner and non initiating to disconnect the unwanted power/electricity connection in the house of the Petitioner at Plot No.66, Door No.7-98/1 situated at Ambedkarnagar Colony, Meerpet, Saroornagar, R.R. District, as illegal, arbitrary and against the principles of natural justice and violative of Article 14, 19,21 of constitution of lndia and consequently to direct the Respondent No. 4 and 5 to receive the representations made by the Petitioner and discon necUd ismantle the unwanted power/electricity connection in the house of the Petitioner at PIot No.66, Door No.7-98/1, situated at Ambedkarnagar Colony, Meerpet, Saroornagar, R. R. District.

lA NO: 1 OF 2021 Petition unr er Siection 151 CPC praying that in the cir,)urnstances stated in the affidavit filed irr support of the petition, the High Court mar, be pleased to direct the Respondent f\ o. 4 and 5 to receive the representations lf the Petitioner and disconnect the t nwanted power/electricity connection in the house of the Petitioner at Plot No.66, Door No.7-9811, situated at Amt e(lkarnagar Colony, Meerpet, Saroornz gar, R.R. Diskict.

Counsel for the Pet tioner: SRI RAPOLU BHASKAR Counsel for the Rer pondent Nos.1 to 3: GP FOR ENERGY Counsel forthe Re! pondent Nos.4 & 5: SRI R.VINOD REDDY, SC F()R'l'S TRANSCO The Court made th( following: ORDER

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.16224 of 2O21 ORDER:

This writ petition is filed for the following relief: "....to issue writ order or direction more partianlarlg one in the nahre of Wit of Mandamtis, declaring against the action of the respondent Nos.4 and 5 in not receiuing the representations of the petitioner qnd non initiating to disconnect the unuanted power/ electicitg connection in the house of the petitioner ot Plot No.66, Door No.7-98/ 1, situated at Ambedkarnagar ColonY, MeerPet, Saroor-nagar, Ranga Reddg District, as illegal, arbitrary and against the principles of natural justice and uiolatiue of Article 14, 19, 21 of t Constitution of India. . . "

2. Heard Sri Rapolu Bhaskar, the Learned Counsel for the petitioner and karned Government Pleader for Energr appearing for the respondent Nos. 1 to 3 and Sri R'Vinod Reddy, Learned Standing Counsel for TS TRANSCO aqRearinS for the respondent Nos.4 and 5.

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3. The Learned Counsel for the petitioner submits that the petititner is the owner of the plot A,o.66,, Door No.7_ 98/ I, situated at Ambedkarnagar ()olony, Meerpet, Saroorna5ar', Ranga Reddy District. The petitioner construct( d er building and let out the sale on rent basis from 2o1ir t. one Madhan Mohan Redd-,; through Lease Deed daterl O,+.12.2013, as such he established a Hospita_t on the narre ;rnd style of Surya Hospital, a,d he obtained 3-Phase tr ectricity power Connection thr,trlgh Consumer Service No.25 1S04116, Exist.Category:2, and No.251504:t9g. Exist.Category:2, for running hear.y machines and other equipments in the Hosrpitar and since 2013, the raid Madan Mohan Reddy is continuing as a Tenant in tlre building of the petitioner. Lel.er, the tenant met with ar a<:cident and died on 04.06.2021. After his death the ease deed between the petiticner and the deceased a rtomatically terminated. Thereafter, the petitioner aporoached the wife of t]le deceas,:d and settled - I ,the matter, then the petitioner intended to clisconnect the \ ,/

unwanted electricity 3-Phase Connection to his buiiding' As such, the petitioner approached the respondent No'S and made a representation and requested to disconnect/dismantle the unwanted Electricity connection to the building, but the respondent No'5 refused to receive the complaint and did not initiate to consider the request of the petitioner.

4. Thereafter, the petitioner approached the respondent No.4andmadearepresentation,buttherespondentNo.4 also refused to consider the representation of the petitioner' Therefore the petitioner approached this Court and filed this Writ Petition' As the respondents are not disposing of the representation of the petitoenrs' the present writ petition is frled.

5.LearnedStandingCounselfortherespondentssubmit that the Petitioner has filed an application dated 06.O7.2O2L to dismantle Service Connection' After receipt of the application, the oflicials of the respondent No'2 have \/

-l visited the premises where the Se -r.ice connection is locatec and it was noticed that Sri S rrya Multi Specialty Hospit,rl is being run in the said premises. The petitioner has file d a Lease Deed dated O4.l2.2OL:i which reveals that the prt mises constructed on plot No.b6 is leased to Sri Surya ivlulti Speciarty Hospitar. The lerrse <leed is in force up to 31 .12.2023. The power r;upply cannot be disconnectr::d as a Hospital is being run in the premises by utilizing the power from the Service Connection. It is submitt,:d that the petitioner has stated in his Affidavit that a persotr b-y name Mr.Madhan Mohan Red,1y who is the tenant o'the premises and where Sri Surya IVIulti Specia_lity Hospital is being run has expired on o4.o6.2o2i,. The petitione' should have made the regar hr:irs of Mr.

Madhan I Mohan Redcly as parties to this Writ pet tion and the Writ Petition i; liable to be dismissed for not ;mpleading proper and necessary parties. It is further submitted that the responderrts are not empowered to disconrrect power supply when the prcrperty is in possession of ten;lnts or any other ,.

persons. The petitioner has to seek recourse to Civil Courts to lor appropriate remedY.

6.

After hearing both sides and in view of the submission made by the learned Standing Counsel for the respondents, the writ petition is liable to be dismissed- as Sri Surya Multi Speciality Hospital is being run in the scheduled property and a,lso not impleading the proper and necessa{/ parties.

Accordingly, the Writ Petition is dismissed. There shall no order as to costs.

8.

Miscellaneous petitions pending, if any, shall stand closed.

I I SD/-K.VENKAIAH ASSTSTANT-REGTSTRAR +lb SECTION OFFICER I //TRUE COPY// To

1. Two CCs to GP FOR ENERGY, High Court for the State of Telangana, at Hyderabad. IOUT]

2. One CC to SRI RAPOLU BHASKAR, Advocate IOpUCI

3. One CC to SRt R.V|NOD REDDY, SC FoR TS iRANSbO topucl

4. Two CD Copies PSK.

SW Pmq.

HIGH COU ?T DATED:3011212022

ORDER

WP.No.16224 of 2021 :iHE ST4I{ t 4 1 Frq ?t23 ;

I u r q.'

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DISMISSIN{i I.HE WRIT PETITION WITHOUT (;OISTS.

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