✦ High Court of India · 18 Feb 2025

High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,695 words

P.Anji Babu S/o.Sri P.Suryanarayana agbd about 55 Years, Occ:Business, R/o.Plot No.29, SY.No. I 007, Bhagyanagar Society, Kukatpally, Hyderabad' Y.simhadri S/o,Sri Y.VeeramsettY aged about 6l Years, Occ:Business, R/o.Plot No. 14, SY.No' 1007, Bhagyanagar Society, Kukatpally, Hyderabad' S,Harikrishna S/o.Sri S.Ganapathy aged about 43 Years. Occ:Business, R/o.Plot No. I3, SY.No. 1007, Bhagyanagar Society, Kukatpally, Hyderabad' P.Venkat Rarn Reddy S/o.Sri P.L'N'Reddy aged about 74 Yearc, Occ:Business, R/o.Ptot No.68, SY.No. 1007, Bhagyanagar Society, Kukatpally, Hyderabad' B.Ajit Kumar S/o.Sri B.Ram Mohan aged about 45 Years, Occ:Business, R/o.Plot No.154, SY.No. 1007' Bhagyanagar Society, Kukapally, Hyderabad' _ B.Swetha Wio.Sri B.Suman Kumar aged about 5 I Years, Occ:Business, R/o.Plot No. 144, SY.No. 1007, Bhagyanagar Sociefy, Kukatpally, Hyderabad' Thumu Sham Sunder S/o.Sri T'Narasimha Rao aged about ? I Years, Occ:Business, Wo.Plot No. 186, SY'No. 100?, Bhagyanagar Society, Kukatpally, Hyderabad M.Venkat Ramana Reddy S/o'Sri M'Laxma Reddy aged about 38 Years, Occ:Service, R/o.Plot No. 185, SY.No. 1007, Bhugyurrugo. Society, Kukatpatly, Hyderabad' i I I i I I ',..'-', r - 9 l0 K,Henralatha Devi Wo.Dr-K.Chandramouli aged about 69 years, Occ:Housewife, R/o.P[,:t No.l64, Sy,No. 1007, Bhagy rnrgar Sociery, Kukatpally, Hyderabad. Penumarsa Bapuji S/o.Sri p.Venkatarama Raju aged ahout 58 years, Occ:Business, R/o.PIot No. I 15. Sy.No. t007, Bhagyzrnagar Society, Kukatpally, Hyderabad. And .. Petitioners/Respondent No.7,9,9, 1 0, 1 2, I 3, 14,1 5,16 & tg A. Ravinder S/o. Sri A.Kishtaiah aged aboLrr 67 years, Occ:Agriculture, R/o.Plor No.49l, II floor, Vasanthnagar, Kukatpally., R. R.District. D.Chandra Sekhar Reddy S/o.Sri Raja Red y aged ab, rut 60 ycars, Occ:Business, R /o.Plol No. 56, Hanumaanagar Colony, Manikonda Jagir, R.RDistrict. state of felangana rep. by its I,rincipal Secretary to Govemment Municipal Administration & Urban Development, Secretariat Buildings, Hyderabati. " 'RespondentsAVrit Petitioners The Charnnan & Managing Director rep. by Telangarn State power Development Corporation Ltd., Khairatabad, Ilyderabad. Greater Flyderabad Municipal Corporation rep. by its Commissioner, BRKR Bhavan, Tankbund Road, Hyderabad. The Zonal Commissioner GHMC. Fiukatpally, Hyderabad. The Divis jonal Engineer (Operations) Telangana State power Devilopment Corporation Ltd., Kondapur, Hyderabad. The Assistant Engineer Ayyappa Sociery, TSSpDCL, Cyberabad. I 2 3 4 5 6 7 8 !. ) i r.i - 9 - 9

10. l1 t2 P.Uma Raju Wo.Not known to petitioner R./o.Plot No. 198, Sy.No.1007, Bhagyanagar Sociery, Kukatpally, Hyderabad. Dr. G.S.S.Prasad S/o. Not known to petitioner R/o.Ptot No. 162, Sy.No. 1007, Bhagyanagar Socieqr, Kukatpally, Hyderabad. S.Rama Devi Wo.Not lctown to petitioner R/o.Plot No. I 12, Sy.No.1007, Bhagyanagar Society, Kukatpally, Hyderabad. G.Srinivasu Babu S/o.Not known to petitioner R/o.Sy.No.l007, Bhagyanagar Society, Kukatpally, Hyderabad.

13.4 P.Meera Bai S/o.Not known to petitioner R/o.Plot No. I73, Sy.No. 1007, Bhagyanagar Society, Kukapally, Hyderabad. @espondents 9 to 13 are not necessary parties to this IA) \ Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to reviewthe ordetdated'.22.o8.2024 passed inw.p.No.10357 l2o23bythis Hon,ble Court, so far as the review petitioners herein are concerned. ..Respondents Counsel for the Petitioners: SRI HARENDRA PRASAD, Sr. COUNSEL, REp. FOR SRI MOHD. MO]N AHMED QUADRI counsel forthe Respondent No.1 & 2: SRr vEDuLA sRrNrvAS, sr. couNsEL, SRI BHAVANI SANKAR.N Counsel for the Respondent No.3: cp FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.4, 7 & B: SRI N.SREEDHAR REDDY, SC FOR TGSPDCL counsel for the Respondent No.s & 6: sRr K.RAVT MAHENDER, sc FoR GHMC The Court made the foltowing: ORDER -r'l HON,BLE MRS JUSTICE SUREPALLI NANDA RE E w RITP I .A. o 3 In oNN o31 f o25 57 OF 2o23 RD Heard Designated petitioners Sri Harendra Prasad' learned Senior Cottnsel appearing on behalf of the review and Sri Vedula Srinivas' learned Senior Counsel appearing on behalf of the writ Designated petitioners in W'P' No' 1O357 ot 2023' 2. The present Review Petition is filed by the review petitioners/petitioners in W'P' No'1O357 of 2023 seeking review of the order dated 22'Oa'2O24 passed in W'P' No' 10357 of 2023 bY this Court' It is the specific case of the ' review petitioners that 3. respondent Nos'3 and 4 had not been heard while disposing of the writ Petition No' 10357 of 2023 vide order of t'his Court dated 22.08'2024 andtherefore it is just and necessary that the respondent Nos'7 to 16 and 19 in W'P' No' 10357 of 2023 be providedWithareasonableopportunitytoputforth,theircase before this Court and hence seek review of the order of this 2 Court dated 22_08.2024 passed in W.p. No. 10357 of 2023. The said writ petition W.p. No. 10357 of 2023 hadbeen disposed of on 22.09.2024 observing as under at para .9.of the said order. '9. Taking into racts and .,."r-".:::::':TH: .:: ::"J::;; considering submissions made try the learned counsel appearing on behalf of the petitioners and Sri R. Vinod Reddy, learned Standing counser for TGSpDCL appearing on behatf of the respondent Nos.2, 5 and 6, the writ petition is disposed of directing the Division Engine€r, APCPDCL, Kukatpalty to duly consider the request of the petitioner No.2 as put_forth by the petitioner in petitioners, representation dated 25.1O.2O11 in thr instructions issued ; .[T"r:; :]...T:::; Tahsitdar, Balanagar dated Lg.Og.2Or.2 vide letter No.B/665/2012 addressed to the Division Engineer, ApCpDCl_ Kukatpalty, within a peraod of four (4) weeks from the date of receapt of copy of the order and therepresentation"rT:;::,.:":::ti.".'j"r:".:; 25.10.2011 and initiate necessary action on the representation of the petitioner No.2 25.10.20f 1. However, there shalt be no o rder as to costs,,. j # a-\ 3

4. Learned Senior Designated Counsel appearing on behalf of the review petitioners submits that no reasonable opportunity is provided to the respondent Nos.7 to 16 and 19 in W'P' No' tO357 of 2023 and therefore their case could not be put forth before this Court and a direction had been given by this Court videitsorderdated22.Os.2O24directingtheDivisionEngineer, APCPDCL, Kukatpally to consider and pass appropriate orders on the representations of the writ petitioner No.2 in W'P' No' 10357 of 2023 dated 25.10.2011 and initiate necessary actirrn on the representation of the writ petitioner No.2 dated 25'10'2011'

5. Learned Senior Designated Counsel appearing orr behalf of the writ petitioners in W.P. No. 10357 of 2023 fairly submits that the review petition could be allowed to the extent that the review petitioners may be provided an opportunity of personal hearing along with the writ petitioners when appropriate action is taken by the Division Engineer, APCPDCL, Kukatpally in considering the writ petitioner No.2 representatlon dated

25.1rO.2oll and initiating necessary action on the representation of writ petitioner No.2 dated 25.10.2011. 6. Taking into consideration : I (a) The facts and circumstances of the case, ---tttEE76.t'- EreruJ ,i ' J 4 (b) The submissions made by learned Senior Designated Counsel appearing on behalf of the review petitioners in I.A. No.3 of 2025 in W.P. No. 10357 of 2023 and the learned Senior Designated Counsel appearing on behalf of the writ petitioners in W.P. No. 1O357 oJ 2024, (c) The relevant portion in para No.9 of the judgment dated 22.O8.2024 in W.P. No. LO357 of 2024 (referred to and extracted above), The Review Petition I.A. No.3 ot 2025 in W.P. No. 10357 ot 2(J23 is allowed and para '9' of the order dated

22.08.2024 in W.P. No. 10357 ot 2024 is substituted by the present para. '9. Taking into consideration the aforesaid facts and circumstances of the case and duly considering submissions made by the learned counse! appearing on behalf of the petitioners and Sri R. Vinod Reddy, learned Standing Counsel for TGSPDCL appearing on behalf.of the respondent Nos.2, 5 and 6, the writ petition is disposed of directing the Division Engineer, APCPDCL, Kukatpally to duly consider the request of the petitioner No.2 as put-forth by the petitioner in petitioners' representation dated 25.1O.2O11 in the light of the specific instructions issued by the Y Deputy Collector and Tahsildar, Balanagar dated

13.O3.2012 vide letter No.Bl665l2O12 addressed to the Division Engineer, APCPDCL, Kukatpally, within a period of four (4) weeks from the date of receipt of copy of the order and pass appropriate orders on the representation of the petitioner No.2 dated 25.LO.2OLL in accordance to law, in conformity with principles of natural justice by giving reasonable opportunity of hearing to both the writ petitioner No,2 and also to review petitioners i.e. respondent Nos.7 to 16 and 19 in the present writ petition No. LO357 of 2(J23 and initiate necessary action on the representation of the writ petitioner No.2 dated 25.LO.2OLL. It is observed that it is open to the writ petitioners and also to the present review petitioners i.e. respondent Nos.7 to 16 and 19 in the present W.P. No. 10357 ol 2023 to put forth all the pleas that are legally permissible by them before the Division Engineer, APCPDCL, Kukatpally. However, there shall be no order as to costs. Miscellaneous petitions, if any, pendi n9:-s-EllE9 nd closed. ,TRUE COPY// SD/-V. KAVITHA . PEPUTY REGISTRAR '\\ secrroru oFFlcER /i i' To,

1. The Principal secretary to Government Municip_al Administration and Urban Development Secretariat Buildings, Hyderabad, State of Telangana.

2. The Chairman and Managing Director, Telangana State Power Development Corporation l-td., Khairtabad, Hyderabad.

3. The Commrssioner, Greater Hyderabad Municipal Corporation, BRKR Bhavan, Tank Bund Road, Hyderabad.

4. The Zonal Commissioner, GHIvlC, Kukatpally, Hyderabad. 5. The Divisional Engineer (Operations), Telangana State Power Development Corporation l-td., Kondapur, Hyderabad.

6. The Assistant Engineer, Ayyapa Society, TSSPDCL, Cyberabad. ftnrB)i'dttGEar r(,ervry I rLsK4Pq.rJ, r lru"'*"*..- '- -..',;{- -. -- . 7 MOrN AHMED eUADRl, Advocate tOpUCl

7. One CC to SRt I\4OHD. 8. One CC to SRI BHAVA e one c*o sRr^ *^r,;:tffi:r:'Jffi':1J",,:,rr", 10. One CC to SRt N.SREEDHAR REDDY, SC FOR TGSPDCL tOpUCl " I5:,€$,'",,"riri"%y.tB.r+iMN 12.Two CD Copies ,RBAN o.u, n"n court ror the State or i I BSR BS \-_ , Bhagyanagar Society, Kukatpally, Hyderabao. -t,,^s-.\-,-<..---.. t , \ l,^E Sft4Te ( (i ? 7 nAfi flr6 .* PE:'o t ) z a I, * HIGH COURT DATED: 1810212025 I I ORDER REV. l.A.No.3 of 2025 IN WP.No.10357 of 2023 ALLOWING THE REV. I.A. \ $

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