Bellamkonda Papa Rao v. The State of Telangana

Court: High Court for State of Telangana

Bench: SUREPALLI NANDA

Judgment date: 2024-11-21

Case summary

High Court for State of Telangana judgment dated 2024-11-21. Bellamkonda Papa Rao v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

l32s2l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO:24380 OF 2023 Between: Bellamkonda Papa Rao, S/o. Chandraiah, aged 66 years, F/o. H No. 9-2- 97lBal4, Kunavaram Road, Santhi Nagar, Opp. Kavya Gardens, Bhadrachalam 507 111 , Bhadradri Kothagudem District ... PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary, Energy Department Secretariat, Hyderabad 2. The Northern Power Distribution Company Ltd. , Rep by its Managing Director, Vidyut Bhavan Nakkalagutta, Hanamkonda, Warangal District 3. The Assistant Divisional Engineer, Operation, NPDCL, Bhadrachalam, Bhadradri Kothagudem District 4. The Assistant Engineer, The Northern Power Distribution Company Ltd. , (NPDCL) Bhadrachalam, Bhadradri Kothagudem District 5. Smt Putty Lakshmi, Wo. Srinivasa Rao Aged 54 years, Occ.

house wife, Rl/o H No. 9-2-98lBA/7, Shanti Nagar Colony Opp. CRPF camp, Bhadrachalam, Bhadradri Kothagudem District ... RESPONDENTS Petition under Article 226 of lhe 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, declaring the action of the respondents 3 and 4 in granting electricity connection in favour of the Sth respondent in connection with the H No. 9-2-97184/4 in Sy No. 16511 oI Shanthi Nagar Colony, Opp. CRPF Camp, Bhadrachalam belongs to the petitioner illegally without knowledge of the petitioner and without following due process of law and also without verifying the title of the property and-' also violating the directions of the Honble High Court passed in W. P. no. 30930 of 2O22, daled 28. 07.

2022 is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently direct the respondents 2 to 4 to cancel or remove tlle service connection granted in favour of the Sth respondent by restoring the power connection in favour of the petitioner house property H No. 9-2-97lBA/4 in SC No 0810'l-17636 in the interest of justice. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent 2 lo 4 to restore the power connection in favour of the petitioner in connection with H No. H No. 9-2-97lBA/4 in Sy No. 165/1 of Shanthi Nagar Colony, Opp. CRPF Camp, Bhadrachalam in SC No. 08101-17636 by removing i cancel the 'connection power with SC No. 08101-26291 granted in favour of the Sth respondent, pending disposal of the main writ petition.

Counsel for the Petitioner: SRI DEVARA SAMHITHA Counsel for the Respondent No. 1: ASST. GP FOR ENERGY Counsel for the Respondent No. 2 to 4: SRt ZAKTR ALt DAN|SH, SC FOR TSNPDGL Counsel for the Respondent No. S: SRI CH. JAYAKRISHNA The Court made the following: ORDER I ffi "i ,lli iil . ;1 i HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETI TION No. 24 38O ot2023 ORDER: Heard Sri Devara Samhitha, learned counsel i'. ':. " appearing on behalf of petitioner, learned Assistant on behalf of Government Pleader for Energy, appearing Ali Danish, learned Standing respondent No. 1, Sri Zakir Counsel for TSNPDCL, appearing on behalf of respondent Nos. 2 to 4 and Sri Ch' Jayakrishna' learned No'5' counsel appearing on behalf of respondent Court seeking the 2 The petitioner approached the prayer as follows: direction more ".. ....

to issue a Writ order or of Mandamus particularly one in the nature of Writ declaring the action of the respondents 3 and 4 in granting electricity connection in favour of the 5th respondent in connection with the H'No' 9-2- 97/8A/4 in Sy. No. 165/1 of Shanthi Nagar Colony' Opp : CRPF Camp, Bhadrachalam belongs to the petitioner illegally without knowledge of the i. process of law petitioner and without foliowing due ,l title of the property and also without verifying the I directions of the Hon'ble I and also violating the I No. 30930 of 2022 dated l High Court passed in W. P. ' ::l I i //d-l I a]-. - ;. , SN, J \\{ 24380 2023 28. 07.

2022 is illegal, arbitrary and against the principles oF natural justice and also violative of Articles 14, 19, 2I and 300-4 of Constitutlon of India and consequently direct the respondents 2 to 4 to cancel or remove the service connection granted in favour of the 5th respondent by restoring the power connection in favour of the petitioner house property H. No. 9-2-97lBA/4 in SC No. 08101-17636 in the interest of justice and to pass... ". 3. The case of the petitioner in brief is that the petitioner is the absolute owner and possessor of the house bearing No. 9-2-97/8Al4 in Sy. No. 165/L of Shanthi Nagar Colony, Opp: CRPF Camp, Bhadrachalam having inherited the same from his ancestors. The 5th respondent, who is the sister of the petitioner, is illegally trying to take the possession of the house. Thereafter the sth respondent has got power connection in her name in. connection with the subject house 'House bearing No. 9-2-97/BAl4 instead of No. 9-2-97/8A/7.

The petitioner approached the respondent Nos. 2 to 4 who failed to consider the representation of the petitioner seeking to cancel or remove the service connection granted in favour of the 5th respondent. Hence, the writ petition. SN. J wP 24380 2023 PERUSED THE RECORD. 4 n vat n i icu la r Dar Nos . 5 and6a nd oondent N o. 3, DA xt n rti I that, the District ,l '5. It is further submitted I has conducted Panchayat Officer, Bhadrachalam the time enquiry enquiry and stated that at of the respondent No. 5 is staying at the said premises of in Sy. No'165/1 of Shanthi H. No. 9-2-97 /8A/4 CRPF "Camp, Bhadrachalam Nagar Colony, Opp. possessed by the petitioner are and the documents forged one and complaint was filed against petitioner vide FIR No. 325 of 2027, the copy of FIR is enclosed herewith. 6. It is further submitted that, in compliance to of passed in W'P' No' 30930 the interim direction to release new electrical 2022 on 28. 07.

2022 name of respohdent No' 5 by connection in the conducting necessary enquiry and if respondent No. s is found to be in possession of the property at Sy. No. 165/1 of Shanthinagar, Opp' CRPF Camp' was Accordinolv' enquirv Bhadrachalam. t n n VI n ha SN, J \[/P :24]80 2021 Ooo. CRP F CamD. B ad racha lam. s such servtce connection wa released in f vour of resDon ent No. 5 vide C No. O81O1-2 29 1 on 29. O8. 2022. 8. Admittedly already there is a service connection provided to the 5th respondent after conducting the enquiry in terms of the direction of the Hon'ble High Court, as such the rule does not permit to provide another service connection on the very same number unless 1t is shown that two separate kitchens are established and people are living separately. Therefore, the contention of the petitioner that he is entitled to restore the power supply is not tenable. More particularly in view of the fact that it is a residential premise whereas the service connection No.

08101-17636 was obtained for commercial purpose without filing proper documents in this regard. As such there is no merit in the writ petition and the same is liable to be d ism issed ". 5 The interim order dated 2A. O7. 2()22 in W. P. No. 3O93O of 2O22 oassed in fa ur of the sth resoondent is extracted hereunder: "It appears that earlier service connection extended to the petitioner's property bearing H. No. 9-2-97/8A/7, Shanti Nagar Colony, Opp: . l*. - \ SN. J C ) 202 i \vP 2J180 caop, cRpF ". ":j:':t:. ". ,I"",",. " v District Kothagudem of the Petitioner' request for counsel learned the to According for request such m ade petitioner petitioner, brother that her gro und ion on the disconnect electricitY has taken Rao PaPa Bellamkonda fabricated and forged bY creating connection In his narne got mutated thereby and documents connection' In that records.

PanchaYat the Gram Bhadrachalam int before gave comPla petitioner as registered which was Station' Police Town 467, 468, under sections of 2021 F. l. R'No'325 grievance of The of IPC. offences other 471 and on application she made is that the Petitioner of new release Seva for Mee through 4. L. IOZZ is not being the same but connection' service pondent bY the 4th res considered ve v to I o t r e I f r t N I N t! SN, J \"/P 2. 1. i30 2021 Petitioner is directed to implead Bellamkonda papa Rao as party Respondent No. 5 to the writ petition by the next date oF hearing,,. 6. The learned counsel for the petitioner mainly contends that the plea in the counter affidavit filed by the respondent No. 3 that electricity service connection had been provided to H. No. 9-2-97/BA/4, is contrary to the order of this Court dated 28. 07. 2022 passed in W. p. No. 30930 of 2022, is untenable and rejected since this Court opines that in view of the fact that the order oF this Court dated 28. 07.

2022 passed in W. p. No. 30930 of 2022 very clearly observed that the respondents had to release service connection Category_I pursuant to the application submitted by the petitioner dated 04. 01. 2022 by conducting nec*ssary enquiry and in view of the fact that due perusal of the application filed by the 5rh respondent dated 04. 01. 2022 very clearly indicates that the subject property of the 5th respondent, house stands bearing No. g_Z_g7/BA/4 in Sy. No. 161/1 of Shanthi Nagar Colony, Opp: CRPF Camp, Bhadrachalam. The counter affidavit filed on behalf of the respondent No. 3 further clearly indicates that the District Panchayat Officer, Bhadrachalam had conducted enquiry since 'r 7 SN.

J wP 2,1180 2013 premises 9-2-said subject in the stayed the 5rh respondent : Nagar Colony' Opp Shankathi Sy'No' 165/1 of 97BAl4,in and due and upon due inspection CRPF Camp, Bhadrachalam' then only officials' respondent by the concerned verification the 5th provided to was service connection the said subject firm opinion of the this Court is hence herein and resPondent of to the order to be contrary same cannot be said that the of 30930 gassed in W. P. No. 28'07'2022 this Court dated urged bY the Petitioner' 2022 as of the 5th on behalf aPpearing learned counsel 7 The bY which occurred an error that there is submits respondent 30930 of writ petition No' earlier who d rafted the the counsel as 9-2- Number the subject house which indicated 2022 of the as per the application of 9-2-97lBAl4 instead 97l8A/7 to the respondent submitted dated 04. o7. 2022 5rh respondent it is very service connection' providing electricity No. 3 for g-2-g7 in SY'No' l8\l4 is H. No.

that subject Premises evident Camp' l : CRP Opp of Shanta Nagar Colony' ) 165/1 by contended g-2-g7lBAl7 as falsely and not Bhadrachalam the Petitioner' iiar,i SN. J wI, 2J180 2023 8. Taking into considerataon (a) The submissions made by the tearned counsel appearing on behatf of the petitioner and the tearned standing counser appearing on behatf of the 3. ,, respondent and the learned counsel appearing on behalf of the 5th respondent, (b) The averments made in the counter affidavit filed on behatf of the respondent No. 3 in para Nos. 6, 7 and 8 (referred to and extracted above). This Court opines that there are no merats in the present writ petition and accordingly, the writ petition is dismissed. However, there shal! be no order as to costs. The miscellaneous applications, if any, shall stand closed SD/. A. V. S. PRASAD ASSISTANT REGI //TRUE COPY// SECTION To, ICER , Enersy Deparrment rhe state of rerangana, *:,-:[? iJ[1,io"". lf,ll] lllagili[:",:,l[:,y;li,"i,rm:'. #j.

#t'g"J,g"#panyLtd, :i! ],tfl dlI[it. l'rftfr 8t, e h;oia c n a ra #::f ? :i8,Jl'i? H m, : Ei: Lil? 'iffi;, lsr"fi,,"'sft1t$ift ti#iffi"Sff#eff,EririsicompanvL'ld I i Y zAKtR 9. 9n" QQ ! o 98! ALt qA! \ltSH, SC FoR TSNPDCL IopUCt cc to - , - -sRt cH. -, I. 9n. JAYAKRISHNA, AA;;;i" f-opucj 8. Two CCs to Gp FOR ENERGY, ttigi,, C"rrt? oi ti" dtii" of Tetangana. [OUT] 9. Two CD Copies BN GJP W :. -.. , / I HIGH COURT DATED:2111112024 \ a1 t c' c: ( ORDER (. ,|? ( i' 'i2 il 0Ei 2024 . \ WP. No. 24380 of 2023 \--^ \ ,]- \, * \. DISMISSING THE WRIT PETITION WITHOUT COSTS (* w t A \ \

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.