POTHABOYINA CHANDRA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Both the writ petitions are filed by the same petitioner. In W.P.No.22275 of 2020, the petitioner is seeking a writ of mandamus declaring the action of the respondents No.2 to 4 therein in trying to disconnect supply of electricity to the agricultural electrical motors of the petitioner without following due process contemplated under law, as illegal, arbitrary and in violation of Principles of Natural Justice and consequently to direct the respondents No.2 to 4 not to disconnect the supply of electricity to the agricultural electrical motors of the petitioner and to pass such other order or orders.

(2.) On 28/12/2020 this Court has taken into consideration the submissions of the learned Standing counsel for the respondents that the official respondents will not disturb the power connection given to the agricultural electrical motors, which are drawing power from the transformers falling within the Geographical area in the State of Telangana and that in so far as power connection given to the agricultural electrical motors, which are drawing power from the transformers falling in the Geographical area in the State of Andhra Pradesh and in the areas which were earlier forming part of the State of Telangana were handed over to the State of Andhra Pradesh after bifurcation of the State of Andhra Pradesh into Telangana and Andhra Pradesh, they will have to necessarily be discontinued. On 15/12/2020 this Court modified the interim order granted earlier by observing that the official respondents are free to discontinue the power supply to the agricultural electrical motors, if the same are drawing power from the transformers, which are falling within the Geographical area of the State of Andhra Pradesh and in case of any disconnection of the power supply to the petitioners is done, the authorities shall provide alternate power connection immediately so that the petitioner's agricultural operations will not be affected in any manner.

(3.) The learned counsel for the petitioners submitted that ever since, the petitioners have been enjoying the supply of electricity after installing the transformers in the lands belonging to them in the State of Telangana. Thereafter, on the ground that the petitioners have installed the agricultural electrical motors in Andhra Pradesh area to ensure adequate water supply to the agricultural lands and also on the ground that the Tahsildar, Bhurgampahad, has issued a report vide ROC No.B/SPL/2020, dtd. 21/7/2020, stating that the petitioners and others have been given electric connection on the basis of certificates issued by the Tahsildar, Bhurgampahad Mandal, but are utilizing the free power given by the State of Telangana for drawing water from the Andhra area from the bore-wells which are situated in Andhra area, a notice dtd. 28/11/2022 to disconnect the power supply for the illegal usage of power for drawing water from Andhra area was issued to the petitioners. Challenging the same, the writ petition i.e., W.P.No.44079 of 2022 was filed.