✦ High Court of India · 29 Apr 2025

1. Aila Pawan Kumar v. upon occupancy

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Length
1,328 words

Petition un<ier Section 151 cpc praying that in the circurnstances stated in the affidavil fired in support of the petition, the High court may be preased to direct the respontents 2 to 6 to provide erectricity connection :-T suppry for 3 Nos Three phase f)r:mestic services of each 5 KW and over the.existing 2 Nos. Three Phase Servrces of which 1 No. Domestic Service of 3 KW and I No. Non_ Domestic service (\/;20698i8) of 3 KW, thus making a totar road of 21 K\N, dury proposing a separahr 25 KvA DTR connection to the Residerrtiar Buirding in H No '2-2-1814019/1 ' totar admeasuring 3'12.0 sq. yards, situated i,rt Rahat Nagar, Bagh Amberpet, Hyri,:rabad, T.S., bounded by North. H No. H.Nc,.2_ 2_1Bt(Olgn, South. 30 Wide tRoad: East. 30 Wide Road, West. H.No.2 _::.t_18/31lcl3_ D (Garden Residency) without insisting upon occupancy certificate from the 7th respondent pendinll Jisposar of main writ petition and may deem f,t and proper in the circumstance o1'.the case. Counsel for the petitioner: SMT THAKUR ROOPA SINGH 9::l*! for the Respondent No.1: Gp FoR ENifulGi uounset ror the Respondent No.2 to 6: SRI N.SREiDHAR REDDy, counser ror the Respondent No.7: :I,_4."!riB[,]S;SBf*t *.oor., SC FOR GHMC The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE PULLA KARTHIK w.P. No. 13 196 of 2o2s ORDER: With the consent of both the parties, this writ petition is taken up for disposal at the stage of admission. 2. The writ petition is filed with the foliowing prayer: 'To issue writ, order one in rhe nature or wRrr oF MANDAMUS, ",.:T;,".".ff::J"T:";T connec[on LT Supply for 3 Nos. rhree phase oo-""til *::::ff:tI,; and over the edsting 2 Nos' Three phase Services of which 1 No Domestic Serviceof3KW&iNo. making a total road o, , ^o'-oo-"stic Service (vzo6g8 ra) of 3 KW thus connection t. th" R""::jI T:,j::"::-r:r:T;_T ,::,;: ::: admeasuring 312.0 Sq ya-rds, situated at Raiat A Hyderabad, r s, uo,.,a"a ul-'r;;T^,i'":T:: .T"t*, Road, Eas t : 3 o wide .."., ;:" );: ^..T:: :r; r:i,";:1; il,.:".:T" ::"I;: without insisting upon Oc hording that the rerusar to r':,il:,."-:::f:H::,::.'[ premises is illegat ard arbitrary,. Bagh Amberpet, ",::H::J / ; I 3' Heard the learned counser for the petitioner, learned Government Pleader for Enerr J for respondent No.l, Sri N.Sreedhar Reddy, learned Standing Counsel for TGSpDCL for respondent Nos.2 to 6 and Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for Respondent No.7 a_nd perused the record. t 2

4. Today, vr4rr: n the matter is taken up, it is subltitted by the learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by the order dated 26.7.2018 passed by this Court in W.P.No.260B5 of 2018. The same is not seriously disputed by the learned counsel appearing for the respon(lents

5. In vierv of the above, for the reasons alike in the order dated

26.7.2018 in \4r.P.No.26085 of 2018, this writ petition is disposed of directing the respondents to release power supply to thrs p1srni5s5 6f the petitioner subject to the compliance of terms arrd conditions and on furnishing iarl undertaking tc produce the occupancy ' certificate from the concerned Municipal Corporation within a pres,:ribed period, and if no such oc:r:upancy certificate is produced rvithin such period, it is open to the respondents to take appropriate action irr accordalce with law. Misce[aneous appiications, if any, pending in this writ petition stand c losed. //TRUE COPY// SD/- T. TIRUMALA DEVI REGISTRAR r1,:* Secrtoru oFFtcER To, t .1 . The Principitl secretary, Power and Energy Department Secretariat, Hyderabad. s;tai.e of Telangana -5OO022-

2. The chairman and lvlanaging Director, southern Power Distribution company - ;i T"ir;g;nu "having its Corporate office at 6-1-50, Mint -Stat" Ltd., Compound l-1\ Cerabad 500063.

3. The Superinlending Engineer/ Operation/ GHYD Central Ci'cle TGSPDCL, Hyderabad. 4- The Divisional Engineer/ Operation/Azamabad Division TGSPDC L, Hyderabad

5. The Assistant Divisional Engineer/ Operation/ Amberpet Sub - Division, TGSP DC L, Hyderabad I

6. The Assistant Engineer/ SE/OP / GHYD C6ntral / AE Ramalayam 78, TGSPDCL, Hyderabad

7. The Commissioner, Greater Hyderabad l\4unicipal Corporation, Bagh Amberpet -20.

8. One CC to SIMT THAKUR ROOPA SINGH, Advocate [OPUC] 9. One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCL [OPUC] '10.One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GHMC IOPUC] 11.Two CCs to GP FOR ENERGY, High Court for the State of Telangana at \ Hyderabad [OUT] 1 2. Two CD Copies (Along with the copy of order dated 26.07.2018, in W.P.No.26085 of 2018) BSR GJP -_. .. : CC TODAY .L HIGH COURT DATED:2910412025 I ) ORDER WP.No.13196 of 2025 ( l !) $E li T' 1 o [ ? lii\ ?[25 7- l,<. a )ES: I I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION N0.26085 of 2018 ORDER: Heard counsel for the petitioner, Sri R' Vinod Redcly, Stancling Counsel for Telangana State Southern Power Distribution Corporation Limited, appearing for respondents 1to 3, and Sri L.Venkateshwar Rao, Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for 4'r' respondent.

2. It is sttttr'rl Iry lealned cotlnsel nppc-trritrg lor the petitioner as rvcll as Sri R.Vinocl l{cdcl1', Slttr-rrling counsel appearitrg for resllonclent Nos.l to 3 that the rssue in this Writ Petition is covered by the order ol this Court dt.23.03.2O 18 ir-r W.P.No.97B9 of 2O 18.

3. Tl-rerefore for rcasons alike, this Wrir Petition is also disposed of uith a clitectiot.t to the respondents to release the power supplY to the I)rem lses of the petitioner sulllect to the compliance of the terms ancl conditions and on furnishing an undertaking to Produce the occupancy certificate from the concerned Municipal Corporation within a prescribed period, and if no such occupancy certihcate is produced within such period, it is open to the respondents to take appropriate action in accordance with law. There shall be no order as to i

4. Consequenr h,, miscellaneous petitions pending, if any, sha.[ stand dismisr;cd. 26rr, July, 2018 M.S.RAMACHANDRA RAO, J

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