✦ High Court of India · 17 Apr 2025

M/s. Arkays lnfra v. 1. The State of Telangana

Case Details High Court of India · 17 Apr 2025
Court
High Court of India
Decided
17 Apr 2025
Bench
Not available
Length
1,045 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 in not releasing 20 Domestic load making a total load of 94 KW to the Petitioners property bearing Open Plot No. 131, 132, 145 and 146 admeasuring 777.76 Sq. Yds or 650.30 Sq. Mts in part of Survey No. 961112 of Danavalgudem Revenue, Khammam Urban Mandal, Khammam Municipal Corporation Limits, Khammam District as illegal, null, void, arbitrary and consequently direc't the Respondents 2 to 4 to release the power supply without insisting for occupancy certificate. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Coud may be pleased to direct Respondents 2 to 4 to release power supply of 20 Domestic load making a total load of 94 KW 1o the Petitioners property bearing Operr Ptot No. 131, 132, 145 & 146 admeasur ng 777. 76 Sq. Yds or 650.30 Sq. Mts in part of Survey No. 961112 of Danavalgudem Revenue, Khammam Urban Mandal, Khammam Municipal Corporation Limits, Khammam District. Counsel for the Petitioner : Ms.NlKlTA GOENKA Counsel for the Respondent No.1 : GP FOR ENERGY Counsel for Respondents No.2to4 : SRI A.CHANDRA SEKHAR, SC FOR TGNPDCL Counsel for the Respondent No.5 : SRI HAROOM AMZAD, SC FOR KUDA The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No. 11516 0F 2025 ORDER: With the consent of both the parties, this Writ petition is taken up for disposal, at the admission stage itself.

2. This Writ petition is filed, under Article ZZo ift tn" Constitution of India, seeking the following relief: "..-fo Lssue atl appropiate WiL order or altreclion ilore particularly one in tlp nature of Wnt of Mandanlus declannq ttLe .rction of the RespondenLs 2 to 4 in rrot releasirtg 20 Domesti. load ntaking a total load of 94 RW to the propertlt beanng Open ptot No.t31, 132, l+S a iSA adneosuring l*ig:*" 777.76 .sq.. Yds or 650.30 &. Mts in part of SuruetJ No.96/ 1/2 ;f DdnaDaLgude t Reucnue, Kltetrtrnan [lrban Maidal, KhdmftLan Mu]riciDal Corporation Ltmits, Khamndn /)isfnc, as ilk:gat, nuu, uoid, arbitrorg inrl co,$equettly direct the Responclents 2 to 4 to release the pouer iupplg LDithout insisttng for ocaupancu c,erltfcate dnd to pass . . . I I 3, Heard Ms.Nikita Goenka, learned counsel for the petitioner; learned Government Pleader for Enerry for respondent No. 1; Sri A.Chandra Sekhar, learned Standing Counsel for Northern Power Distribution Company Limited of Telangana, for respondent Nos.2 to 4; and Sri Haroom Amzad, learned Standing Counsel for Khammam Urban Development Authority, for respondent No.5. I t

4. Learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the order of this court in w.P.No.6030 of 2O2O, dated 2o.o4.2020, and requested this Court to pass similar order in the present Writ petition also. I I { I 2 up ll5l6_2025 The same is tot scriously disputed by the leamed Government Pleader as s,cI as learncd Standing Counsel for tht: respondents.

5. In vicrv ,rf thc above submissions and for the reasons alike in the order of tlris Ctourl in W.p.No.603O of 2O2O,, dat,ed 20.O4.2O2O, this Writ Petilron is disposed of directing the respondents to release the polr,er su 1 ,ply to thc prcmiscs of the petitionr:r subject to the complience ol the ternts and conditions and on furnishing an undertaking :o produce the occupancy certial,latc from the conccrned Mrr ricip:rl Corporation within a prescribed period, and if no such occu I ,.lnc,v ce rtificatc is producerl within such period, it is open to thc rt'spondt:nts to take appropriate action in accordance with lau.. Misccll lreous petitions pending, if any, sha[ stand closed. Therc shall br no orrlcr as to costs. / //TRUE COPY// SD/- A. SREENIVASA (EDDY AsstsrANr RSrrsrRAR \ To,

2. J.

6. 7. 8. 9. 10 SECTION OFFICER The Principal riecretary. po^wer and Energy Department, secreta riat,state of Telangana. Hyderabad:500022. The chairman and Manaoing Director, Northern power Distribution company -ei;Jr;; !,t!,_;^gl. J"l?,,991r, ofli-"g..- z s-sttz,' Cor)oiri"'-om.", vovrt r\aKKalgutta, Hanamkonda, warangal. The su perint,-'nd ing Engine_ er, bperation, Northern power Distribution Company Ltd r rf TelSnganS, Xnammam. The Additiona' Assistant Engineer, operation Town - r, Northern power Distribution Company Ltd of Tjlangana, knammam. rhe commissi')ner, Town pranning Section, stambhadri urban Deveropment Authority, (Khammam) Khammam. 9n" 99 to Ms NtK|TA GOENKA, Advocate. IOPUCI Two CCs to GF, FOR ENERGY, High_Co-rqt qbi thettate of Tetangana. [OUTI .- - ', 9n" 9Q to sRr A cHANDR4.s_E[rj4B,Ec rbri icrieDcl. Ioi-utf 9n" 9p to SRt HARooM AMZAD, sC'rbCrubnlicjpubj Two CD Copres. BSK ' HIGH COURT DATED:1710412025 CC TODAY ,i I .) r$E STAT e. o 2 2 APn 2[25 {'. t. \ t D a:; p I'ct l' :i (.) ORDER WP.No.11516 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \7 L\ i i i ! t t I I I I I I I I t l i I I i ; , i I I I

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