Telangana High Court
Anjaneyulu Aitha vs The State Of Telangana on 18 August, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 22901 OF 2025
ORDER:
In this Writ Petition, a direction is sought to Respondent No.5 - TGSPDCL to provide electricity connection to the petitioner Houses bearing No.1-60/30/74/134/1 and H.No.1- 60/30/74/134/2, situated at Anjaiah Nagar, Gachibowli Village, Serilingampally Mandal, Rangareddy District.
2. Petitioners claims to be the absolute owner and possessor of the subject property. It is stated that they constructed a stilt + 2 upper floors according to the approved sanctioned plan dated 01.09.2020, and they are regularly paying the electricity consumption charges without any default. It is stated that, due to family necessities and constraints, they have constructed four more upper floors without permission, in addition to the sanctioned stilt + 2 floors. The petitioners made a representation to GHMC on 26.04.2025 requesting to regularize the said additional floors, but without considering the same, respondent No.6 issued demolition orders for the said building. Aggrieved by the same, petitioners filed W.P.No.14514 of 2025, and this Court, vide interim order dated 01.05.2025 in I.A.No.1 of 2025 in the said writ 2 NBK,J WP_22901_2025 petition, granted status quo orders. While the said writ petition was pending, and in spite of the status quo orders, respondent No.6 issued a letter dated 22.07.2025 to respondent No.5 to disconnect the electricity power connections of the petitioners. Accordingly, respondent No.5 disconnected the same without giving any notice to the petitioners. Hence, the writ petition.
3. Heard Sri Gudi Satyanarayana Reddy, learned counsel for petitioners, learned Government Pleader for Energy for respondent No.1 and Sri N.Sreedhar Reddy, learned Standing Counsel for TGSPDCL for respondent Nos.2 to 5. Perused the record.
4. Learned counsel for petitioners contends that this Court in several Writ Petitions directed respondents to release power supply to the premises of petitioners therein subject to compliance with the terms and conditions and further stated that when they questioned respondent No.5 about the disconnection of the power supply, respondent No.5 informed them that respondent No.6 had given a letter dated 22.07.2025 directing disconnection of the power supply to petitioners. Accordingly, respondent No.5 disconnected the same without giving any notice to the petitioners. Therefore, he requested this Court that power supply be restored. 3
NBK,J WP_22901_2025
5. Learned Standing Counsel for TGSPDCL, appearing for respondent Nos.2 to 5, submits that petitioners obtained building permission on 01.09.2020 for the construction of a building with stilt + 2 upper floors. However, petitioners are allegedly constructing four additional upper floors without permission, in addition to the sanctioned stilt + 2 floors. Therefore, respondent No.6 issued a letter dated 22.07.2025, stating that a show cause notice was issued to petitioners for the unauthorized construction of the additional floors, and the office had sealed the premises of the above-mentioned unauthorized floors on 19.07.2024. In view of the above, respondent No.6 requested that electrical power supply not be provided to the said unauthorized floors and, if already given, requested disconnection of the electricity connection to the unauthorized construction to avoid further legal complications.
6. Though learned counsel for petitioners places strong reliance on various orders, with great respect, this Court inclines to take a slight departure, for, several buildings are mushrooming after getting approval for a particular plan, thereafter giving a go- by, additional floors are being raised unscrupulously and the parties are applying for building regularisation scheme for legalising the said unauthorised structures and the civic body is 4 NBK,J WP_22901_2025 not able to touch these structures. This Court cannot be a mute spectator for such unceremonious procedure and does not want to encourage this type of activity in the interest of society at large.
7. The above-said opinion of this Court is justified by the recent judgment in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad 1, the Hon'ble Supreme Court in the larger public interest, issued directions in addition to the directives issued in Re: Directions in the matter of demolition of structures. Relevant for the purpose of this case are:
(iv) All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall be given by the service provider / Board to the buildings only after the production of the completion / occupation certificate.
(v) Even after issuance of completion certificate, deviation / violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder / owner / occupant; and the official, who is responsible for issuance of wrongful 1 2024 SCC Online SC 3767 5 NBK,J WP_22901_2025 completion / occupation certificate shall be proceeded departmentally forthwith.
(vi) No permission / licence to conduct any business / trade must be given by any authorities including local bodies of States /Union Territories in any unauthorised building irrespective of it being residential or commercial building.
(vii) The development must be in conformity with the zonal plan land usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place land in consideration of the larger public interest and the impact on the environment.
8. Having regard to the submissions made by both the learned counsel and upon perusal of the material on record, this Court is of the considered opinion that petitioners have constructed four additional upper floors beyond the sanctioned plan, without obtaining prior approval from the competent authority. Though a representation has been made seeking regularization, the same has not been considered or approved as of now. It may be noted that in the absence of such regularization 6 NBK,J WP_22901_2025 and in light of the letter issued by respondent No.6 directing disconnection of power supply to the unauthorized construction, no fault can be found with the action of respondent No.5 in disconnecting the electricity supply, particularly when the construction was sealed and is alleged to be unauthorized. Therefore, this Court is not inclined to issue any direction for restoration of electricity connection to premises constructed in violation of the sanctioned plan, as it would amount to indirectly permitting unauthorized construction, which is impermissible in law.
9. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed.
____________________________ NAGESH BHEEMAPAKA, J Date: 18.08.2025 dgr