HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29066 of 2014 Date : 28-10-2014 Between Eissa Bin Hajib .. Petitioner And Central Power Distribution Company of Telangana, represented by its Managing Director, Hyderabad and others .. Respondents Counsel for petitioner : Sri P. Ravi Shanker Counsel for respondents : Sri O. Manohar Reddy, Standing Counsel The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of the respondents in disconnecting the power supply to the petitioner’s premises bearing No.18-9-19/2/A-1 to 3, situated at Chandrayanagutta, Hyderabad, without notice as illegal and arbitrary. The petitioner pleaded that he has purchased the above mentioned property from one Clemant Das and his two brothers under registered agreement of sale-cum-General Power of Attorney with possession on 26-5-2008; that on 21-11-2013, the petitioner applied to respondent Nos.2 and 3 for release of electricity service connection and that in December 2013, respondent No.3 has sanctioned the electricity connection and meter was fixed in the said premises. That within a week of giving the electricity connection, the officials of respondent No.3 came to the petitioner’s premises and disconnected the power supply and took away the meter and that on the petitioner’s enquiry he came to know that the said action was taken on a complaint given by the family members of one of the petitioner’s vendors.
On behalf of the respondents, the Assistant Divisional Engineer, Operation, Falaknuma, Distribution XI, City-III, Hyderabad South, filed a counter-affidavit wherein he has inter alia stated that the petitioner’s application dated 21-11-2013 was processed and meter was issued to him; that at the time of installation of the meter, one Juliana Das w/o. Clemant Das gave an objection letter stating that her husband is the real owner of the property and she has further informed that she has filed a private complaint against the petitioner and another for the offences under Sections 420, 448 and 506 r/w. 345 IPC. It is further averred that there is a dispute with regard to title to the property and in view of the objections raised by the said Juliana Das, the meter was not fixed. It is further averred that on 20-9-2014 at about 1.30 Hours, the Divisional Engineer, DPE, Hyderabad South inspected the premises at 12.30 Hours and found certain persons tapping power directly from the L.T. overhead lines and a case in that connection was registered and the loss of energy was assessed at Rs.21,635/-.
The averments in the counter-affidavit would reveal that there is a serious dispute between the petitioner on the one side and a third party on the other in respect of the property in question and that in view of the said dispute, the power supply sanctioned was not connected to the premises claimed by the petitioner. In this view of the matter, no mandamus can be issued to the respondents compelling them to give power supply, more so, when the petitioner was allegedly involved in an act of pilferage. The petitioner is however permitted to avail appropriate remedy before the competent court of law for getting his title declared and thereafter approach the respondents for release of power supply.
Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.
As a sequel to the dismissal of the Writ Petition, WPMP No.36369 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 28-10-2014 AM