ORDER : 1. Heard Mr. S. Lakshmikanth, learned counsel for the petitioners, Mr. R. Vinod Reddy, learned Standing Counsel appearing on behalf of respondent Nos. 1 to 3 and Mr. R. Ranganathan, learned counsel appearing on behalf of respondent Nos. 4 and 5. 2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the highhanded action of Official Respondent Nos. 2 and 3 in granting power supply vide Electricity Meter service connection Nos. (1) 10722794503 and (2) 10722794489 in favour of Respondent Nos. 4 and 5 respectively, in the subject premises i.e. land admeasuring Ac. 2.39 Gts in Sy. No. 105 part situated in Kompally Village, Quathbullapur Mandal, Medchal-Malkajgiri, which is owned and possessed by the Petitioners as arbitrary, illegal, unjust and contrary to the provision contemplated under Electricity Act and violative of principles of the Natural Justice, contrary to the Article 14, 19(1)(g) and 300- A of the Constitution of India and consequently, cancel/disconnect the Electricity Meter service connections of service Nos. (1) 10722-794503 and (2) 10722794489 granted in favour of the Respondent Nos. 4 and 5 forthwith, in the interest of justice. PERUSED THE RECORD: 3. The averments as per the affidavit filed by the petitioners in support of the present writ petition, in brief are as under: (a) The Petitioners herein are jointly and severally the owners and possessors of a piece of land admeasuring Ac. 2.39 Gts in Sy. No. 105 part situated in Kompally Village, Quathbullapur Mandal, Medchal-Malkajgiri District by virtue of Sale Deeds executed in their favour. Out of which an undivided 1/6th share which is equivalent to Ac 0-19.83 Gts was sold in favour of one Y.D. Sriveni, W/o Y.S. Dharma Reddy (the said Y.S. Dharma Reddy is the nephew of the Petitioner No. 1 herein) under a registered document bearing No. 4204 of 2000 dated 22.06.2000. (b) Thereafter, upon request made by Y.D. Sriveni to take over her undivided piece of land for a sum of Rs. 8,00,000/- being the market value, for which the Petitioner No. 1 agreed to purchase the same and entered into an Agreement of Sale on 17.10.2003 and paid a sum of Rs. 7,00,000/- out of total sale consideration of Rs. 8 lakhs on the day of execution of said Agreement of Sale and thereafter on 19.11.2003 the balance sale consideration of Rs. 1 lakh was also paid. 7,00,000/- out of total sale consideration of Rs. 8 lakhs on the day of execution of said Agreement of Sale and thereafter on 19.11.2003 the balance sale consideration of Rs. 1 lakh was also paid. (c) Ever since the petitioners are in uninterrupted physical peaceful possession of the said 1/6th share equivalent to 0-19.83 Gts and constructed compound wall covering western side and northern side of the property. On construction of the compound wall, the entire scheduled property became integral part of the Marriage Hall in the name and style of ‘KVR Convention’ owned and possessed by the Petitioners herein and the compound wall of the Hall i.e. KVR Convention was constructed in the year 2000 itself. (d) While matter stood thus, the aforesaid Y.S. Dharma Reddy, father of Respondent Nos. 4 and 5 demanded more money for Agreement of Sale entered on 17.10.2003. In view of the repeated threats from said Y.S. Dharma Reddy the petitioners were compelled to issue a Caution Notice in Newspapers informing the public that the property is owned by the petitioners alone and no one else. But the said father of Respondent Nos. 4 and 5 trespassed into the scheduled property on 29.07.2022 with the local anti-social elements for taking forcible possession and in order to achieve his illegal gain, he had broken a small portion of compound wall committing the act of trespass. Therefore, the 1stpetitioner was compelled to lodge a police complaint. (e) In pursuance to the Petitioners' complaint dated 30.07.2022 the Police registered a case vide FIR No. 617 of 2022 dated 30.07.2022 and thereafter it appears that, the aforesaid Y.S. Dharma Reddy also filed a counterblast case on 30.07.2022 for which the Police registered a case vide FIR No. 618/2022. (f) Subsequently, the petitioners have filed a Comprehensive Suit for Declaration of Title and Injunction vide O.S. No. 144 of 2022 on 04.08.2022 which is pending consideration. While so, the father of Respondent Nos. 4 and 5 also got filed through his daughter i.e. Respondent No. 4 a Suit for Injunction vide O.S. No. 541 of 2022. Therefore, the Title and possession of the scheduled property is subject matter of above said two Suits. (g) Thereafter, the father of Respondent Nos. While so, the father of Respondent Nos. 4 and 5 also got filed through his daughter i.e. Respondent No. 4 a Suit for Injunction vide O.S. No. 541 of 2022. Therefore, the Title and possession of the scheduled property is subject matter of above said two Suits. (g) Thereafter, the father of Respondent Nos. 4 and 5 highhandedly made an application before the 2nd Respondent for Non-Domestic and Commercial connection of power supply on the very same subject property in order to claim the possession over the subject property. The fact remains that, the subject property is covered by service connection bearing S. No. 060104237and S. No. 060113962, the power supply which is in the name of the Petitioner Nos. 1 and 3 herein. As such, while the Respondent Nos. 4 and 5 made application vide Registration No. NR10722794503 and NR10722794484 respectively the same came to the notice of the petitioners, the 1st Petitioner herein, submitted representation dated 02.01.2023 inter-alia informing the 2nd Respondent not to issue any new power supply connection at the premises on the aforesaid applications made by the Respondents No. 4 and 5. (h) However, the 2nd Respondent informed the Petitioners that, the connection will be given in favour of the Respondent Nos. 4 unless there is any order from this Court. Thus, the petitioner filed W.P. No. 289 of 2023. However, the registry of the Court had taken an objection as the Petitioners made the representation before the 2nd Respondent on 02.01.2023 and filed the aforesaid Writ Petition on 03.01.2023 but this court was pleased to uphold the objections raised by the Registry, granting liberty to the petitioners to approach this High Court, if any adverse orders are passed after 15 days from the date of receipt of the representation. (i) After disposal of the aforesaid W.P. No. 289 of 2023 on 04.01.2023, immediately, the petitioner issued notice requesting the Official Respondents not to give any power connection in the subject property without disposal of his representation dated 02.01.2023. In spite of the aforesaid Notice, the Official Respondents in collusion with the unofficial Respondents herein, on 06.01.2023 in the wee hours at about 3:30 AM, trespassed into the premises and has given connection and installed new Electricity Meter connection outside the Wall of the building constructed by the 1st Petitioner. In spite of the aforesaid Notice, the Official Respondents in collusion with the unofficial Respondents herein, on 06.01.2023 in the wee hours at about 3:30 AM, trespassed into the premises and has given connection and installed new Electricity Meter connection outside the Wall of the building constructed by the 1st Petitioner. (j) Furthermore, the Official Respondents while representation dated 02.01.2023 is still pending consideration without hearing or passing any order on the said representation, erected the meters duly giving service connections vide (1) 10722794503 and (2) 10722794489, and the same conveys that, it is in order to satisfy the unofficial Respondents for their gratification. Aggrieved by the actions of the Respondent Nos. 2 and 3, the present Writ Petition is filed. 4. Counter affidavit filed by respondent Nos. 1 to 3, in particular, Para Nos. 2, 3 and 4, reads as under: “2. It is submitted that the Respondent No. 4 has filed an application on 29.12.2022 to provide a new service connection to land admeasuring 1199 Sq. yds in Sy. No. 105/Part, Kompally village, Dundigal-Gandimaiysamma Mandal, Medchal Malkajgiri District. The said respondent has enclosed a copy of the Registered Gift Settlement Deed dated 31.10.2018 executed by his mother Smt. Y.D. Sriveni W/o Dharma Reddy and the encumbrance certificate for the period of 30 years from 01.01.1992 to 28.12.2022 which reflects the above transaction and also Aadhaar Card as proof of identity. 3. It is submitted that as the application was in compliance of General Terms and Conditions of Supply and the instructions issued by the Corporate office regarding the documents required to provide new service connections. The service connection was released on 05.01.2023 and the meter has been fixed at the site. 4. It is submitted that these Respondents are not aware of any civil suits pending between the petitioner and the Respondents and other family members. The grant of service connection does not amount to recognizing the title of the Respondents and it is open for the parties to get their disputes adjudicated by the competent civil court.” 5. Counter affidavit has been filed by respondent Nos. 4 and 5, in particular Paras 5 and 9, read as under: “5. I humbly submit that the respondent Nos. 4 and 5 are the absolute owners and possessors of the north western part of the Sy No. 105 of Kompally village, Medchal Mandal admeasuring Ac. 19.83 gts. Counter affidavit has been filed by respondent Nos. 4 and 5, in particular Paras 5 and 9, read as under: “5. I humbly submit that the respondent Nos. 4 and 5 are the absolute owners and possessors of the north western part of the Sy No. 105 of Kompally village, Medchal Mandal admeasuring Ac. 19.83 gts. out of the total extent which admeasures about Ac. 2.39 Gts which originally belonged to K. Venkata Rama Raju and Smt. Swati. Under 6 registered sale deeds bearing document numbers 2316 of 2000, 2317 of 2000, 4202 of 2000, 4203 of 2000, 4204 of 2000, 4205 of 2000 all registered in the office of the sub- registrar Medchal, the land admeasuring Ac. 2.39 Gts was transferred in the form of 1/6th undivided interest to the petitioners and the mother of the respondent Nos. 4 and 5 for which sale consideration was paid by my mother. My mother Smt. Y.D. Sriveni was holding 1/6th share equivalent Ac. 19.83 Gts. and the petitioners were holding the rest of the 5/6th share. It is submitted that in pursuance to an oral partition and arrangement between the petitioners and our mother, our mother was allotted Ac. 19.83 guntas forming part of the North western side of the suit schedule property and was also put in possession. In the year 2018, our mother Smt. Y.D. Sriveni executed 2 gift deeds bearing document Nos. 14635 of 2018 and 14634 of 2018 in favour of the respondent Nos. 4 and 5 and we were put in possession of the same and we accepted the gift. It is submitted that the petitioners also acted upon the oral partition and they constructed a convention centre on the southern side of the suit schedule property and are doing business by letting it out to various parties for various functions. 9. In any case, all these contentions and counter contentions are subject matter of the suit is pending before the civil court. I humbly submit that we had applied for electric connection so that we can enjoy our property in a more effective manner and we are also engaged watch and ward staff and the provision of election Day has become inevitable and is a human right. I humbly submit that we had applied for electric connection so that we can enjoy our property in a more effective manner and we are also engaged watch and ward staff and the provision of election Day has become inevitable and is a human right. The fact remains that my mother was a co-owner and has become the absolute owner after the oral partition and oral arrangement and subsequent to the gift deeds in our favour, we have become the absolute owners and we have every right to enjoy our property and have complied all legal requirements for obtaining electric connection and accordingly we have been granted the connections and we have been paying the electricity bills proving that we are in possession. I humbly submit that the writ petition is totally misconceived and apart from the same in the suit filed by the petitioners for declaration of their alleged title, the civil court has directed the maintenance of status quo by both the parties which is also subject matter of CMA before this honourable court.” 6. In the order dated 04.01.2023 passed in W.P. No. 289 of 2023, it is observed as under: “The petitioner has given a representation to the 2nd respondent on 02.01.2023 and filed this writ petition on 03.01.2023. The office has taken objection and the matter is placed before this Court for orders of the Court. The office objections are upheld. Liberty is give to the petitioner to approach the Court, if any adverse orders are passed or after 15 days from the date of receipt of the representation.” DISCUSSION AND CONCLUSION: DISCUSSION: 7. It is the specific case of the petitioners that the subject land admeasuring Ac. 2.39 guntas in Sy. No. 105 Part, situated at Kompally Village of Quthbullapur Mandal, Medchal-Malkajgiri District, is owned and possessed by the petitioners herein and the respondent Nos. 4 and 5 who are in fact strangers to the subject property having engineered an evil design for creating a document as if they are in possession of the said subject property submitted application for grant of Electricity connection. 8. It is further the case of the petitioners that in spite of Legal Notice dated 04.01.2023 issued on behalf of the petitioners herein, addressed to the respondent Nos. 8. It is further the case of the petitioners that in spite of Legal Notice dated 04.01.2023 issued on behalf of the petitioners herein, addressed to the respondent Nos. 2 and 3, seeking passing of orders on petitioners objection petition dated 02.01.2023, before taking any action on the applications submitted by the unofficial respondent Nos. 4 and 5 herein, seeking Electricity Connection in the property of petitioners land admeasuring Ac. 2.39 guntas in Sy. No. 105 Part, situated at Kompally Village of Quthbullapur Mandal, Medchal-Malkajgiri District which is known and identified as “KVR Convention” the official respondent Nos. 2 and 3 herein however, without considering the petitioners representation/objection petition dated 02.01.2023, without hearing or passing any orders on the said representation decided the applications of respondents 4 and 5 and ensured the erection of the meters duly giving Service Connection bearing Numbers (1) 107227945032 and (2) 10722794489 in favour of Respondent Nos. 4 and 5 in the subject property of the petitioners i.e. land admeasuring Ac. 2.39 guntas in Sy. No. 105 Part, situated in Kompally Village, Quthbullapur Mandal, Medchal-Malkajgiri District, aggrieved by the same the petitioners have filed the present writ petition seeking disconnection of the Electricity Meter Service Connection of Service Nos. (1) 107227945032 and (2) 10722794489 granted in favour of Respondent Nos. 4 and 5. 9. Counter affidavit has been filed by respondent Nos. 1 to 3 and the learned Standing Counsel Mr. R. Vinod Reddy, appearing on behalf of official respondent Nos. 1 to 3 placing reliance of the said counter affidavit mainly puts forth the following submissions: (I) Respondent No. 4 has filed an application on 29.12.2022 to provide a new service connection to land admeasuring 1199 sq. yards in Sy. No. 105/Part, Kompally Village, Dundigal-Gandimaiysamma Mandal, Medchal-Malkajgiri District, duly enclosing all the relevant documents: (i) Registered Gift Settlement Deed, dated 31.10.2018 executed by the 4th respondent’s mother Smt. Y.D. Sriveni W/o Dharma Reddy. (ii) Encumbrance Certificate for the period of 30 years from 01.01.1992 to 28.12.2022 which reflects the said transaction pertaining to Gift Settlement Deed, dated 31.10.2018. (iii) Aadhaar Card as proof of identity. (II) Since the application of the 4th respondent was in compliance of general terms of conditions of supply the service connection was released on 05.01.2023 in favour of the 4th respondent and the meter has been fixed at the site. (iii) Aadhaar Card as proof of identity. (II) Since the application of the 4th respondent was in compliance of general terms of conditions of supply the service connection was released on 05.01.2023 in favour of the 4th respondent and the meter has been fixed at the site. (III) The granting of service connection does not amount to recognizing the title of the respondent Nos. 4 and 5 and it is open for the parties to get their disputes adjudicated by the competent Civil Court, and seeks dismissal of the present writ petition. 10. Learned counsel Mr. R. Ranganathan, appearing on behalf of respondent Nos. 4 and 5 placing reliance on the counter affidavit filed by the respondent Nos. 4 and 5 puts forth the following submissions: (I) Respondent Nos. 4 and 5 are the absolute owners and possessors of the north western part of the Sy. No. 105 of Kompally Village, Mechal Mandal admeasuring 19.83 guntas out of the total extent which admeasures about Ac. 2.39 guntas which originally belongs to one K. Venkata Rama Raju and Smt. Swathi, having purchased the same under 6 registered sale deeds bearing document numbers 2316 of 2000, 2317 of 2000, 4202 of 2000, 4203 of 2000, 4204 of 2000, 4205 of 2000 all registered in the office of the Sub Registrar, Medchal and the land admeasuring Ac. 2.39 guntas was transferred in the form of 1/6th undivided interest to the petitioners and the mother of the respondent Nos. 4 and 5 for which sale consideration was paid by the mother of the 4th respondent and that the 4th respondent mother was holding 1/6th share equivalent to Ac. 19.83 guntas and the petitioners were holding the rest of the 5/6th share. (II) That there is a civil suit pending final adjudication between the petitioners and respondent Nos. 4 and 5 and that the civil Court has directed the maintenance of status quo by both the parties which is also subject matter of CMA before the High Court and since there are no statutory violations by the official respondents in granting service connection to the respondent Nos. 4 and 5 the writ petition needs to be dismissed. CONCLUSON: 11. A bare perusal of the counter affidavit filed by the official respondent Nos. 4 and 5 the writ petition needs to be dismissed. CONCLUSON: 11. A bare perusal of the counter affidavit filed by the official respondent Nos. 1 to 3 clearly indicates that the objection petition/representation of the petitioners addressed to the 2nd respondent dated 02.01.2023 had not been considered at all by the respondent Nos. 1 to 3 since there is no reference in the counter affidavit filed by the official respondent Nos. 1 to 3 to the specific averment made by the petitioner in the affidavit filed in support of the present writ petition that the petitioner vide Legal Notice dated 04.01.2023 requested the official respondents not to give any power connection in the subject property without disposal of petitioners representation/objection petition dated 02.01.2023. This Court opines that the respondents proceeded and decided the application filed by the respondent Nos. 4 and 5 seeking grant of Electricity connection in the subject property without considering the petitioners objection petition/representation dated 02.01.2023. 12. Taking into consideration the aforesaid facts and circumstances of the case, the Writ Petition is disposed of directing the 2nd respondent to give due notice and provide reasonable opportunity to both the petitioner and also the respondent Nos. 4 and 5 and consider the petitioners objection petition/representation dated 02.01.2023 in accordance to law in conformity with principles of natural justice and pass appropriate orders within a period of four (04) weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioners. However, there shall be no order as to costs. 13. Miscellaneous Petitions, if any pending, shall stand closed.