✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Length
1,191 words

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of firrandamus decraring the action of the Respondents 2 to 4 in not releasing power suppry of 30 Nos. Three phase each 5 KW Domestic service over and above already existing 1 No Three phase .10 KW sc. No. 22018 27477 thus making a total ioad of 160 KW to the petitioners property bearing H. No. 5_3_44 and H' No 5-3-4st1 in Gramakantam situated at Kukatpary virage and Mandar, Medchar Markajgiri District as iflegar, nuil, void, arbitrary and consequenfly direct ,l .l l i I I 4 to release the power supply withou t insisting for the Respondents il 1o occupancy certif icatr:. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High court may be pk,rased to direct Respondents 2 to 4 tt release power supply of 30 Nbs. Three pha:;e each 5 KW Domestic service over and above arready existing 1 No Three phase 1o KW sc. No. 220'18 27477 thus making a total load of 160 KW to the petitioners property bearing H. No. 5-3-44 and H. No. s-3-4s11 in Gramakantam situatec at Kukatpally Village and Mandal, I\/edchal lr/alkajgiri District. Counsel for the Petitioners: M/s NIKITA GOENKA Counsel for the Respondent No.1: Gp FOR ENERGy Counsel for the Respondent Nos.2 TO 4: SRI N.SREEDHAR REDDy, SC FOR Counsel for the Respondent No.S: SRI K.RAVI MAHENDER. SC FOR GHMC TGSPDCL The Court made the following: ORDER ; i 7 THE HON'BLE SRI WSTICE PULLA I(ARTHIK trr.P.No.13194 of 2o25 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 following prayer: "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 power supply of 30 Nos Three phase each 5 KW Domestic Service over ald above already existing 1 No Three phase 1O KW Sc No 22O18 27477 lhns making a total load of 160 KW to t1le petitioners property bearing H.No.5 3-44 arld H.No.5 3 aS l 1 in Gramakantam situated at Kukatpally Village and Maldal, Medchal Malkajgiri District as illegal nuII void arbitrary and consequently direct the Respondents 2 to 4 to release the power supply without insistrng ior occupar-rcy certihcate".

3. Heard the learned counsel for the petitioner, learned \ Government Pleader for Energy for respondent No. 1, Sri N.Sreedhar Reddy, learned Standing Counsel for TGSPDCL for respondent Nos.2 to 4 and Sri K.Ravi Mahender, learned Stalding Counsel appearing for Respondent No.5 and perused the record.

4. Today, when the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present i.:rxtxt aa z writ petition is sq-rrrrely covered by the order d'ared' 26 7 '2O B passed by this Court in \lr P No 26085 of 2018' The same rs not sericusly disputed by the lezu'ned counsel appeanng for the respondents In vierv of ttLtl above ' for the reasons alike in lhe ol der dated 5. 26.7.2ilain W P I'1o 26085 of 20 18' this writ petition is cLisposed of directing the respondents to release power supply to thc 1;remises of the petitioner suLt'ject to the compliance of terms and cor-rttitions and on furnishing an unclertaking to produce the occupancl certihcate from the concetrted Municipal Corporation within a prescribed period, and if no s;uch occr'rpancy certihcate is produceci "vithin period, it is operl to the respondents to take appropriat-e action in accordance u'ith lau'' Miscellaneous applications' if an5r' pending in this rvrit Petitlon stand closed //TRUE COPY// To SD/. T. TIR . qEPulY /-i i. .\ I r'. . SEI]T UMALA DEVI REGISTRAR ION OFFICER 1mffiru ffid# ::;[#::Y:"::"'j-:t. ffi- il 1 the order dated 26'07'2018 in wF'No'26085 or 1 ffi$t'"",ii--:: ?. U#-i"i$:.r; "t PSK GiP .;;::'xrr:*K i I I I i I I i i i Lt, U I t I I I I 1 i i I I I { I I I I I I i {:1. } /a a-- CC TODAY HIGH COURT DATED:2910412025 ORDER WP.No.13194 of 2025 tHE Sta f .' ( q ) O2 l4AY zffi 7_ L,-'\ * O5' s;--.1I. ' +1 t o,i DISPOSING OF THE WRIT PETITION WITHOUT COSTS l I I I ,/3 /r' /6 /1J THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.26O85 of 2018 ORDER: Heard counsel for the petitioner, Sri R. Vinod Reddy, Standing Counsel for Telangana State Southern Power Distribution Corporation Limited, appearing for respondents 1 to 3, and Sri L.Venkateshwar Rao, Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for 4tl respondent.

2. It is stated by learned counsel appearing for the petitioner as well as Sri R.Vinod Reddy, Standing counsel appearing for respondent Nos.l to 3 that the issue in this Writ Petition is covered by the order of this Court dt.23.O3.2018 in W.P.No.9789 of 2O7a.

3. Therefore for reasons alike, this Writ Petition is also disposed of with a direction to the respondents to release the power supply to the premises of the petitioner subject to the compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation t ./' 2 within a pre scribed period, arrd if no such occ uparcy certificate is produced within such period, it is operr to the respondents r-o take appropriate action in accordarce with law. There shall be no order as to costs 4 . Consecpently, miscellaneous petitions pent [ing, if any, sha1l s,tand dismissed 26th July, 20 I 8 M.S.RAMACHANDRA RAO, J

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