✦ High Court of India · 01 May 2025

Sri v. Krishna Rao, S/o. Sri. vs Singaiah Aged about

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Bench
Not available
Length
1,171 words

2. Sri. V. Krishna Rao, S/o. Sri. V. Singaiah Aged about 53 years, Occ. Business Rl/o. H. No.330-A, B Sarada Nilayam, Gayatri Nagar, Borabanda, Hyderabad. 3. Smt. Y- Vineesha Chowdary, W/o. Sri. Munguluru Gowtham, Aged about 32 years, Occ. Employee, Fl/o. H. No.8-36-2, GoMham Nagar, Tirupathi (Rural), Chitoor, Andhra Pradesh. ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad-500022. Southern Power Distribution Company Ltd., of Telangana, Rep. by its Chairman and Managing Director, Mint Compound, Hyderabad. Southern Power Distribution Company Ltd., of Telangana, Rep., by The Superintending Engineer, operation Banjara.Hills Circle, Banjara Hills. Southern Power Distribution Company Ltd of Telangana, Rep by its Assistant Divisional Engineer, operation, Ameerpet Sub Division, Banjara Hills Circle. Greater Hyderabad Municipal Corporation, Rep. by its Commissioner' Serilingampally Zone, Hyderabad. 3 4 5 ...RESPONOENTS Petition under A(icle 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriale 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 8 Nos Domestic load of each 5KW besides an existing service in Category - 8 bearing Sc. No. 5.2042472 - 3KW thus making a total load of 43 KW to the petitioner property bearing GHMC. No. 8-3-169/132 constructed on plot No. 132 consisting of Ground Floor approximately 1250 Sq. ft ( Sri Dattatreya Cooperative Housing Society Limited, Hyderabad, Registered No. T.A. 291), in Survey Nos, 145/2, 145/3 and '14514 admeasuring 31 1 Sq. yds or 260.04 Sq. mts situated at Yousufguda in Ward No. B, Block No. 3, in the layout of Sri Dattatreya'Cooperative Housing Society Limited, Hyderabad as illegal, null, void, arbitrary and consequently direct the Respondents 2 to 4 to release lhe power supply without insisting for occupancy certificate. IA NO 10F 2025 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 direct Respondents 2 to 4 to release power supply of 8 Nos Domestic load of each SKW besides an existing service in Category - B bearing Sc. No. 52042472 - 3KW thus making a total load of 43 KW to the petitioner property bearing GHMC. No. 8-3-169/1 32 constructed on plot No. 1 32 consisting of Ground Floor approximately '1250 Sq. ft (Sri Dattatreya Cooperative Housing Society Limited, Hyderabad, Registered No. T.A. 291), in Survey Nos, 14512, 14513 and 14514 admeasuring 311 Sq. yds or 260.04 Sq. mts situated at Yousufguda in Ward No. 8, Block No.3, in the layout of Sri Dattatreya Cooperative Housing Society Limited, Hyderabad. Counsel for the Petitioner : Ms.NlKlTA GOENKA Counsel forthe Respondent No.1 : GP FOR ENERGY counsel for Respondents No.2to4 , 33'SR1..=.HttREDDY, Counsel for Respondent No.5 : SRI G.MADHUSUDHAN REDDY, SC FOR GHMC The Court made-the following: ORDER THE HON'BLE SRI WSTICE PULLA KARTHIK WRJT PETITION No.13932 oF 2025 ORDER: With the consent of both the parties, this Writ Petition-is taken up for disposal at thc admission stage itself

2. This Writ Petirion is hled, under Article 226 of the Constitution of India, seeking the following reliel "-..to rssue art appropiate Wnt, ord.et or directon more particwlarlg one n the nature of Wnt of MancTamus declanrtg the action of the Resporld.ents 2 to 4 tn not releo-sittg pouer supplA of I Nos Domesttc lood of each SKW besides art eAsting seruice n Category - I beaing SC.N1.SZO42472 - 3KW thus making a Lotol load of 43 KW to tle pett@ner propertA bedring CHMC. No.8-3-169/ 132 construcled on plot No.132 co[s^isfi/rg of Ground Floor approximatelA 1250 Sq. Jt (Si Dattdtreya Coopcratiue I lousing SoctetA Limited, IlAderabad, Registered. No.T.A.291), rr Surueg Nos.145/2, 145/3 and 145/4 admeo.suing 311 &. yds or 260.04 Sq- rats srl.late.l at Yousttfguda rn Ward No.8, Block No.3, in the lagoul oI Sn Dattetreue Cooperatrue I lousing Societg Limfied, HAderubad as illegal, iull, uord, arbtrLtrA atti <-ottsetTtetLLly dvect the Respondents 2 to 4 to releose the poLuer supply rrrllloul i4s6ling for occupancA certifrcate and to pass... "

3. Heard Ms.Nikita Goenka, learned counsel for the petitioners; learned Government Pleader for Enerry for respondent No.1; Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company of Telangana Limited, for respondent t t Nos.2 to 4; and Sri G.Madhusudhan Reddy, learned Standing Counsel for G reater Hyderabad Municipal Corporation, for respondent No.5. I t

4. Learned counsel [or the petitioners submits that the subject matter of this Writ Petition is squarely covered by the order of this 2 PK,J wp i3932 2025 Court in W.P.No.6030 of 2O2O, dated 20.O4.2O2O, and requested this Court to pass similar order in the present Writ petition also. The same is not seriously disputed by thc learned Government Pleader as well as learned Standing Counsel for the respondents.

5. In view of the above submissions and lor the reasons alike in the order of this Court in W.P.No.6O3O of 2O2O, dated 20.O4.2O2O, this Writ Petition is disposed of directing the rcsponclents to release the power supply to the premises of the petitioners subject to the compliance of the terms and conditions and on lurnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation within a prescribed period, and if no such occupancy certificate is produced within such period, it is open to the respondents to take appropriatc action in accordance with law. Miscellaneous petitions pcnding, il- any, shali stand closed. There shall be no order as to costs. SD/. T. CHANDRA SEKHAR REDDY ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To

1. The Principal Secretary' Power and Energy Department' Secretariat' State of Telangand, HYderabad-500022.

2.TheChairmanandManagingDireclor,SouthernPowerDistributionCompany Ltd., of Telangana, Mint Compound' Hyderabao' 3 The The suoerintending Engineer, operation Banjara Hills circle,Southern " poir"i oiitii-uJtion cornlpan! Ltd., of relangana, Banjara Hills' 4. The Assistant Divisional Engineer, operation' Ameeroet Sub Division' Southern Power Distribui-io;C;b;;v Ltiioi r"tJngbn' Banjara Hills Circle' bY

5. The Commissioner, Serilingampally Zone, Greater Hyderabad lVlunicipal Corporation, Hyderabad. \ \

6. One CC to Ms.NlKlTA GOENKA, Advocate. [OPUC] 7. Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT] 8. One CC to SRI N.SREEDHAR REDDY, SC FOR TGSPDCLiTRANSCO. IOPUC]

9. One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GHMC. [OPUC] 10.Two CD Copies. BSK HIGH COURT ", DATED:0110512025 CC TODAY t I 1H€ ST4 Ro q .rs / J .) t-) 20 Afl M .( Y .4, ORDER WP.No.13932 of 2025 * \ s 'I C t-: t ,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \7 ,

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