Telangana High Court
Smt. Mandrekar Madhavi vs The State Of Telangana And 3 Others on 16 December, 2021
Author: T.Vinod Kumar
Bench: T.Vinod Kumar
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.32378 of 2021
ORDER:
This Writ Petition is filed questioning the inaction of respondents in providing electrical Service Connection to the petitioner's house over plot No.105 in Sy.No.209 situated at Phase-I, Lakshmipriya Nagar, Abdullapur village, Abullapur Met Mandal, Ranga Reddy District.
2. Heard learned counsel for petitioner, learned Government Pleader for Energy appearing for 1st respondent and Sri R.Vinod Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4.
3. Petitioner contends that she had purchased the subject plot under a registered sale deed dt.21-05-2021 from its previous vendors, who in turn purchased under registered sale deeds dt.03-01-2020 and 22-02-1997 and has been in possession of the same. Thereafter the petitioner had made a tin sheet structure and made an application to the respondents for providing electrical Service Connection on 21-09-2021. Upon petitioner submitting the application, it was assigned registration No.NR6782148125725-09-2021. Petitioner contends that however on 29-09-2021, the respondents have rejected the application made by petitioner for providing electrical Service Connection by stating that the said rejection is due to land dispute at premises; that the said rejection by respondents is without any basis inasmuch as the petitioner had purchased the plot under registered sale deed and made construction therein; and that there is no dispute to the best of the knowledge of the ::2::
petitioner. It is also contended that even if there exist a civil dispute, it is not for the respondents to take the same into consideration in the absence of any restraint order being passed by competent forum/Court. Thus, it is contended that the action of respondents in not providing electrical Service Connection is highly illegal and in violation of fundamental right of the petitioner.
4. Sri R.Vinod Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4 submits that as the respondents have received a complaint in respect of the subject plot by claiming double registrations, respondents did not provide electrical Service Connection to avoid complications in future and respondents being dragged into unnecessary litigation.
5. I have taken note of the submissions made by counsel appearing on either side.
6. Having an electrical Service Connection to premises for living therein is a fundamental right. Mere providing of said connection by respondents would not confer any title or interest in favour of the parties. It is settled law that provision of electrical Service Connection in a premises would not confer any title or interest in favour of the person enjoying the said connection and if there is any title dispute, the parties have to resolve the same by establishing their title on the basis of documents and other records and the electrical Service Connection cannot be used as a basis to confer any right or title to the said property.
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7. In view of the same, this Court is of the view that the action of respondents in not providing electrical Service Connection to the petitioner's property in plot No.105 in Sy.No.209 situated at Phase-I, Lakshmipriya Nagar, Abdullapur village, Abullapur Met Mandal, Ranga Reddy District cannot be countenanced.
8. Accordingly, the Writ Petition is allowed directing the respondents to provide electrical Service Connection to the petitioner's property within one week from the date of receipt of a copy of this order, subject to payment of necessary charges to the Service Connection by the petitioner. However, it is made clear that electrical Service Connection provided to the petitioner's premises by virtue of this order being passed by this Court, petitioner shall not claim any equities in any collateral proceedings before any Court, forum or authority. No costs.
9. Consequently, miscellaneous petitions, pending if any, shall stand closed.
___________________ T.VINOD KUMAR, J Date: 16-12-2021 Vsv