Telangana High Court
S. Durgaiah vs Telangana State Southern Power ... on 19 August, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.2241 OF 2020
AND
I.A. No.3 of 2020 in WRIT PETITION No.2241 of 2020
COMMON ORDER:
This Writ Petition is filed to declare the action of the respondents 1 and 2 in disconnecting the power supply to the petitioner's house bearing No.5-8-19, Yapral, Secunderabad, as arbitrary and illegal.
2. Heard Sri CMR Velu, learned counsel for the petitioner, Sri R. Vinod Reddy, learned counsel for the respondents 1 and 2 and Sri P. Venkanna, learned counsel for the 3rd respondent.
3. Sri CMR Velu, learned counsel for the petitioner would submit that the house bearing No.5-8-19, Yapral, Secunderabad is a joint family property. There are three service connections to the said house, which are in the name of the petitioner's father. The petitioner, his mother and brothers are staying in their respective portions of the said house. It is further contended that so long as the petitioner's father was alive, there was no problem. Petitioner's father died in the year 2005. Thereafter, disputes arose among the family members and in the year 2013, petitioner's brothers, supported by his mother, disconnected the power supply to the portion in which the petitioner is staying. Therefore, on the application submitted by the petitioner, the 2nd respondent has provided a service connection. The petitioner has been paying the CC charges regularly to the 2nd respondent and enjoying the power supply from 2013 onwards.
KL,J WP No.2241 of 2020 2
4. Learned counsel for the petitioner would further submit that in view of the disputes, the petitioner filed suit vide O.S. No.488 of 2014 on the file of the XVI Additional District Judge, Malkajgiri, Secunderabad, for partition and separate possession of the above said house property against his mother i.e. the 3rd respondent and his brothers and the said suit is pending adjudication. During the pendency of the suit, the 3rd respondent - mother of the petitioner and his brothers have developed grudge against the petitioner and made an application to the 2nd respondent with a request to disconnect the power supply. Accordingly, at the instance of the 3rd respondent, the 2nd respondent disconnected the power supply of the petitioner on 25.01.2020.
5. Learned counsel for the petitioner would further submit that the 2nd respondent has disconnected the power without giving any opportunity and without following the due procedure laid down under law. He would further submit that the petitioner is enjoying the power supply to the portion in which he is staying in the above said house from 2013 onwards. The petitioner is a Software Engineer and his wife is an employee working in BSNL. They have a disabled child. Petitioner's wife is also patient. Due to the illegal disconnection of the power supply, they have suffered mentally. Therefore, the present writ petition.
6. Sri R. Vinod Reddy, learned counsel for the respondents 1 and 2, would submit that the mother and the brothers of the petitioner KL,J WP No.2241 of 2020 3 submitted a representation complaining to disconnect the service connection to the petitioner bearing SC No.230604781. On receipt of the said complaint, the 2nd respondent vide letters dated 03.09.2019 and 24.09.2019 requested the petitioner to submit a copy of the sale deed to show that the petitioner is the owner of the property or to produce No Objection Certificate from the 3rd respondent and others in respect of the said house bearing No.5-8-19, Yapral, Secunderabad to avoid disconnection of the service. But the petitioner failed to produce the same and therefore, the power connection was disconnected vide proceedings dated 25.01.2020. He would further submit that pursuant to the interim order dated 04.02.2020 passed by this Court in the writ petition, the 2nd respondent has restored the power connection to the petitioner.
7. The 3rd respondent filed counter denying the allegations made by the petitioner. It is contended by the 3rd respondent that the house bearing No.5-8-19, Yapral, Secunderabad, belongs to her husband, who died in the year 2005. They have five sons and two daughters. During the lifetime of her husband, the 3rd respondent, her sons and daughters resided in the said house. Presently, except the petitioner, all four sons along with their families including the 3rd respondent have been residing in the said house as jointly family. The entire house consisting of five rooms. Electricity is being supplied to the entire house through three connections. All the three connections are in the name of her husband. Thus, the petitioner is not residing in the KL,J WP No.2241 of 2020 4 joint family and he is residing elsewhere. The petitioner has obtained service connection by mis-representing the facts and therefore, she and her other sons made a complaint to the 2nd respondent with a request to disconnect the power supply. Accordingly, the 2nd respondent has disconnected the power supply vide proceedings dated 25.01.2020 by following the procedure. It is further contended by the 3rd respondent that the petitioner has created documents to show that he is staying in a portion of the said house and infact he is not residing in the said house. With the above said contentions, the 3rd respondent sought to dismiss the writ petition.
8. The petitioner has filed a reply affidavit to the counter filed by the 3rd respondent denying the allegations made therein. It is contended by the petitioner that the petitioner has obtained the service connection in the year 2013. He is staying in a portion of the said house. In proof of the same, the petitioner has filed two receipts issued by the Gas Agency and also two electricity bills dated 05.03.2020 and 04.06.2020.
9. I.A. No.3 of 2020 is filed by the petitioner to receive receipts (2 in number) issued by Sphurthy Gas Agency and Electricity bills (2 in number) in respect of the property bearing H.No.5-8-19, Yapral, Secunderabad. In the counter filed by the 3rd respondent, the 3rd respondent contended that the petitioner is not staying in the said house. Therefore, to prove that the petitioner is staying in the said house, the petitioner filed two Gas bills dated 01.03.2020 and KL,J WP No.2241 of 2020 5 06.06.2020 and Electricity bills dated 05.03.2020 and 04.06.2020. The said documents are relevant and vital to decide the lis in the present writ petition. Therefore, having satisfied with the reasons mentioned therein, I.A. No.3 of 2020 is allowed.
10. From the pleadings of the parties, it is not dispute that the property house bearing No.5-8-2019, situated at Yapral, Secunderabad is a joint family property. The 3rd respondent is the mother of the petitioner. The 3rd respondent had five sons including the petitioner and two daughters. The petitioner has obtained service connection to the portion in which he is residing in the said house in the year 2013. The petitioner has filed the above said suit vide O.S No.488 of 2014 before the XVI Additional District Judge, Malkajgiri, seeking partition and separate possession of the above said house. The said suit is pending. The XVI Additional District Judge, Malkajgir, vide order dated 16.12.2015 in I.A. No.150 of 2014 in O.S No.488 of 2014 passed an order restraining the 3rd respondent and others from alienating the suit schedule property.
11. During the pendency of the said suit, the 3rd respondent and her sons lodged a complaint to the 2nd respondent to disconnect the power supply to the portion in which the petitioner is staying in the above said house. The only contention of the 3rd respondent is that the petitioner is not staying in the said house and he has obtained service connection by crating documents and by misrepresenting the facts. The petitioner filed two electricity bills dated 05.03.2020 and KL,J WP No.2241 of 2020 6 04.06.2020 issued by TSSPDCL. Both the said receipts are in the name of the petitioner and house number is also mentioned as 5-8-19, Yapral, Secunderabad. The petitioner has also filed two Gas receipts dated 01.032020 and 06.06.2020. The above said receipts issued by the Gas Agency and power bills shows that the petitioner is staying in the above said house bearing No.5-8-19, Yapral, Secunderabad. Except stating that the petitioner is not staying in the said house, the 3rd respondent did not produce any other document.
12. The relationship between the petitioner and the 3rd respondent is not in dispute. Admittedly, the suit i.e. O.S No.488 of 2014 filed by the petitioner seeking partition and separate possession is pending. The XVI Additional District Judge, Malkajgiri, passed an order In I.A. No.150 of 2014 in O.S. No.488 of 2014 restraining the 3rd respondent and others from alienating the suit schedule property i.e. H.No.5-8-19, Yapral, Secunderabad. The petitioner has obtained service connection in the year 2013 and he has been enjoying the same till then. In compliance of the order dated 04.02.2020 passed by this Court in the present writ petition, the 2nd respondent has restored the power connection. Presently, the petitioner is enjoying the power connection. From the year 2013, the 3rd respondent did not make any complaint to the 2nd respondent or any other authority to disconnect the power supply and did not raise any objection with regard to power connection obtained by the petitioner. She has filed a complaint only on 07.08.2019. Obviously, the 3rd respondent and others might have KL,J WP No.2241 of 2020 7 filed the said complaint to defeat the claim of the petitioner in the above said suit i.e. O.S. No.488 of 2014.
13. In view of the above said discussion, the proceedings dated 25.01.2020 bearing Lr.No.AE/OP/YPL/F.No./D.No.1143/19-20, issued by the 2nd respondent asking the petitioner to submit copy of the sale deed or No Objection Certificate from the 3rd respondent is not sustainable. Admittedly, the property is in the name of the father of the petitioner and therefore, the petitioner has filed the above said suit seeking partition of the above said property since it is a joint family property. In view of the same, the petitioner is entitled to enjoy the power supply to his portion in H.No.5-8-19, situated at Yapral, Secunderabad.
14. Therefore, proceedings dated 25.01.2020 issued by the 3rd respondent are hereby set aside. As stated above, pursuant to the order dated 04.02.2020 passed by this Court in the present writ petition, the 2nd respondent has restored the power supply to the portion of the petitioner in H.No.5-8-19, Yapral, Secunderabad. Therefore, the respondents 1 and 2 are directed not to disconnect the power supply to the petitioner's property, without following the due process of law subject to the condition that the petitioner shall pay the regular C.C. charges.
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15. Accordingly, the Writ Petition and I.A. No.3 of 2020 are allowed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
________________ K. LAKSHMAN, J Date: 19.08.2020 KTL