NANAPURAM SIVARAJ MADIGA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present writ petition is filed seeking to declare the action of the respondent Nos.4 and 5 in transferring the power connection, which stood in the name of petitioner, to the name of respondent No.6 without notice, taking the signatures of the petitioner on transfer petition and without following due process of law, as illegal and arbitrary.

(2.) Learned counsel for the petitioner has argued that without putting the petitioner on notice, the official respondents have transferred the service connection standing in his name in favour of respondent No.6. Learned counsel has taken this Court through the application made by respondent No.6 wherein it is seen that the signature of the petitioner is not appended on the form giving consent for transferring the service connection in favour of respondent No.6. Learned counsel for the petitioner has further stated that even though the petitioner has executed the sale deed in respect of only 80 sq. yards the respondent No.6 by playing fraud and misrepresentation had got the schedule property changed for the entire extent and basing on the false documents the application was filed and the official respondents without informing the petitioner or putting him on notice have transferred the service connection in the name of the respondent No.6 and seeks indulgence of this Court to set aside the order of transfer and remand the matter back to the official respondents to take necessary action, after putting the petitioner on notice and pass orders accordingly.

(3.) Per contra, the learned Standing Counsel has stated that the petitioner has already executed a registered sale deed in favour of respondent No.6. As per the provisions of the Electricity Act, 2003, for transfer of service connection there is no need for the purchaser to get NOC from the seller in whose name the service connection stands. The Department will act on the sale deed executed in favour of the applicant. If it is found that the applicant is having the registered sale deed or any other deed of conveyance in his favour, the same will be suffice for transferring the service connection in favour of the applicant. Learned Standing Counsel has also stated that even on the application seeking transfer of the service connection there is no need for any signature to be appended by the original owner in whose name the service connection stands. Moreover, if the petitioner is interested in safeguarding his title or possession over the property, he has to approach the competent Civil Court and mere transfer of service connection in the name of the unofficial respondent will not be construed as conferring any title or possession over the property.