THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.2321 OF 2008 Dt.06-09-2010 Between: T. Venkateswarlu S/o. Late Ramaiah …. Petitioner AND Government of A.P., Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. …. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.2321 OF 2008 ORDER: This Writ Petition is filed seeking Mandamus, to declare the action of respondents 5 and 6 in not giving power supply to the premises of petitioner situated opposite to KTPS Hosptial, Palavancha Town and Mandal, Khammam District and also action of respondent No.4 in interfering with possession and enjoyment of the petitioner without any manner of right or authority, as illegal and arbitrary. 2. According to the petitioner, he purchased land admeasuring an extent of 400 square yards situated in Survey No.727, opposite KTPS Hospital, Palvancha Town and Mandal, Khammam District from its lawful owner by virtue of an agreement of sale by duly paying the total sale consideration in the year 1972 and constructed a house therein and since then, he is in possession and enjoyment of the same. However, respondents 3 and 4 have issued various notices asking the petitioner to vacate the said premises. While that being so, he applied for electricity connection to the said premises, for which no house number is available. Petitioner further contends that respondents are not providing electricity connection to his premises, inspite of several representations made by him and paid the necessary fee in the year 2000. 3. In the counter filed by the respondents, it is asserted that the Tahasildar, Palvancha enquired into the matter and he came to the conclusion that there is no land held by the persons, viz., G.Nagaiah and T. Venkateswarlu (petitioner) in Survey No.727 or in its part and that the agreement of sale put forth by the petitioner is a fabricated one, somehow to claim compensation. It is further stated that land in Survey No.727 was acquired by A.P.GENCO from one B. Chennaiah and 56 others and that award under the land Acquisition Act was passed on 18-12-1963 and due compensation was paid to the owners at that time and ever since KTPS is the real owner, therefore the question of giving any electricity connection to the said premises, does not arise. 4. It appears that some disputes are pending between the parties as to the ownership of the land in question. Further in view of the fact that A.P. GENCO claimed ownership, house number was not allotted. But, the fact that petitioner has already constructed a house over the said land and he is in possession of the same is not in dispute. Once the petitioner is in possession and enjoyment of the land and house thereon, it is obligatory on the part of the respondents to provide electricity, which is a basic amenity, for a citizen and denying electricity connection on the ground that he is not the owner of the house in which he is living for the last more than 30 years is against the spirit of the constitutional provisions, particularly, Article 21 of the Constitution of India and the human rights. If the respondents are the owners of the land, it is always open for them to file an appropriate suit or other proceedings to get the petitioner evicted from the land. But, so long as the petitioner is living in the said house, the respondents cannot deny electricity supply to the petitioner. 5. Therefore, the respondents are directed to provide electricity supply to the premises of the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. 6. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. _____________ C.V. RAMULU, J September 06, 2010. KTL