High Court · 2025

itution of India praying that in the erewith, the High Court may be particularly in the nature of Writ of Ma ndamu s a) Declaring the action of the Respondents N . 2 to 4 in not releasing the power supply of 4 Nos. 3-Ph Domestic services eac and 0l Nos. 3-Ph Common servtces with co with existing 1 No 1-ph Service 1)P3024268. load is (20KW + 5KW +1KW = 26KW) thus connected load of 5kw @X5L=20) nected load of 5kw (01XSk=SKW) at-'l , 1-ph, 1KW) with a contracted making a total load of 26KW duly proposing new 63 KVA DTR, in Saidabad Section of Asmangadh Sub-Division in Asmangadh Division in Hyderabad South Circle, to the petitioner,s House bearing No. '1 7-1-39'llf 235 on plot No.235, admeasuring 303 sq yards or equivalent 10253.4 sq mtrs., in Sy. No. 137t1,131t2, and 137t5 in Ward No. j7 and Block No. 1. srtuated at Saraswathi Nagar, Saidabad, Hyderabad, Telangana, as illegal, null, void, arbitrary and. b. consequentially direct the Respondents Nos. 2 to 4 to release the power supply to the petitioner s House bearing No. 17-'l-391lf 235 on Ptot No.235, admeasuring 303 sq. yarcls or equivalent to 253.4 sq mtrs., in Sy. No. 13111, 137t2, and 13715 in Ward No. 17 and Block No. 1, situated at Saraswathi Nagar, Saidabad, Hyderabad, without insisting for occupancy certificate. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High courl may be pleased to direct the Respondents no. 2 to 4 to release power supply for 4 Nos. 3-ph Domestic services each connected load of Skw (4X5k=20) and 01 Nos. 3_ph Common services with connected load of Skw (01X51(=gKW) with existing 1 No '1-ph Service 1)P3024268, Cat-1, 1-ph, 'l KW) with a contracted load is (20KW + 5KW+ 'l KW= 26KW) thus making a total load of 26KW duly proposing new 63 KVA DTR, in Saidabad Section of Asmangadh Sub-Division in Asmangadh Division in Hyderabad South circle to the petitioner's House bearing No. 17-1- 3g1tr 1235 on Plot No 235, admeasuring 303 sq. yards or equivatent to 253.4 sq. mtrs., in Sy. No 13711, 13712, and 137t5 in Ward No. 17 and Block No. 1, situated at Saraswathr Nagar, Saidabad, Hyderabad, Telangana. Counsel for the Petitioner: Ms. K.ANNAPURNA REDDY Counsel for the Respondent No.1: Gp FOR ENERGY Counsel for the Respondent No.2 to 4: SRI N.SREEDHAR REDDy, SC FOR TGSPDCL Counsel for the Respondent No.S: SRI R.VENKATESH, SC FOR GHMC The Court made the following: ORDER HON'BLE SRI JUSTICE NA ESH BHEEMAPAKA WRIT PETITION No. 21 22 0F 2025 ORDER: I n this Writ Petition, a direction is sought to Respondents 2 to 4 - TGSPDCL to rel ase power supply electricity connection to petitioner's house bear g No. 17 l-391/T/235 on Plot No. 235 in Survey Nos. 137/ 1, 13 l2 and 137 l5 in Ward No. 17 , Block No. I situated at Sar sr,r,athi Nagar, Saidabad, production of occupancy Hdyerabad without insisting on certihcate from Greater Hyderabad Mu icipal CorporaLion 2 Petitioner claims lo b the owner of the subject property. It is stated, he is constructi g the houisc duly obtaining permission from the Corporation is claim is that when he applied for e lectricity connection, he 4th respondent issued estimation vide letter dated' 27 .O5.2 25 according sanction for release of power supply subject t payment of charges of Rs.4,68,852/-, accordingly, petitioner deposited the said amount on 27 .O5.2025. However, Respondent 2 lo 4 inslead o[ providing electricity connection, now, insisting n production of occupancy certihcate, which, according to petitio ers, is not mandatory Heard learned coun I for petitioner Ms. K. Annapurna Reddy and Sri N. Sreedh r Reddy, learned Standing Counse jTfor TGSPDCL ,t I I 'l ) ^-.1 ' -- I, I,

3. tlvidently, TGSPDCL in their lctter dated

27.O5.2025 addressed to petitioner specihcally mentior-rcd that 'no seruice conrter:tion shall be released for multi-stonecl bttildings / complexes lJrt'eter than 1O meters in height unless occuponcA ceftirtcak from the authoities concerrled is produced.'. In the light of the s.rme, petitioner without questioning the said r;ondition, cannol st:ek indulgence o[ this Court now.

4. 'lhough learned counsel for petitioner places strong reliance on v:rrious orders passed by this Court, wherein respondent - 'I(ISPDCL was directed to provide porver supply to the premiscs ir-r question, subject to compliancc ol' tcrms and conditions :rncl on furnishing an undertaking to ltroduce the occupancy certificate within a prescribed period, and il no such occupancv certrhcate is produced within such perio(l, it is open to the respondt:nts to take appropriate action in accordance with law, with great rcsl)c(:t, this Court inclines to take a slight departure, [or, several builclings are mushrooming after getting approval for a particular plan, thereafter giving a go-by, additional floors are being raiscd unscrupulously and the parties are zrpplying for building regularisation scheme for legalising the said unauthorised I, structures and the civic body is not able to touch thesc structures. This Court ('annot be a mute spectator for such unccrcmonious ) ) procedure and does not want to enco rage this type of activity in the interest of society at large The above said opinion of this Court is justihed by the. recent judgment in Rqjendra Ba.rjatga a. U.P. Aoas Euam Vikas P<zrishadl wherein, th Hon'ble Supreme Court in the larger public interest, issued di ctions in addition to the 'i dirccLives issued in Re: Directions in the motter of demolition of stnlctures. Relevant for the purpose o this case are: (iv) All the necessary service conne tions, such as, Electricity, water supply, sewerage Connection, tc., shall be given by the service provider / Board to the buildi s only after the production of the compietion / occupation certific (v) trven after issuance of completi n certificate, deviation / violation if any contrary to the plannin permission brought to the notice of the authority immediate s ps be taken by thc said authority concerned, in accordance wi law, against the builder / owner f occupant; and the official, wh is responsible for issuance of wrongful completion / occupation c rtificate shall be proceeded depart mentally lorthwir h. (vi) No permission / licence to conduct any business / trade must be given by any authorities including I al bodies of States / Union I 2011 scc online SC 3767 4 .1 Territories in any unauthorised building irrespective of it being residential or commerciai builcling. t. (vii) The devclopment must be in conformity with the zonal plan land usage. Anv modification to such zonal plan:rnd usage must be taken by strictly following the rules in place land in consideration of the larger public interest and the impact on the envrronmen t

6. In vicw of the samc, the Writ petition is disposed of directing petitroner to approach the municipal authorities concerned and apply / obtain occupancy certificate. On producing such a certificatc, respondent - TGSPDCL shall consider the case of petitioner for release of electricity connection, in accordance t, with law. No costs. 7 closed The miscellaneous Applications, if ant, shall stand //TRUE COPY// SREE RAMA MURTHY r DEPUTY REGISTRAR ioru orrtceR To,

1. 2 4 5 b 7 o o 10 pt, Secretariat. HYderabad- The Principal Secretary, Power and Energy 500022 i"nl"6firirrrn and l\Ianaging Director,.Southern Power Distribution Company Ltd of Telangana, Mint Comoound HvderaDao' " od;;q". southern Power Distribution The suoerintena,nq tng'5JJ; Comoanv Ltd, Greater Hyderabad, South ulrcle - .. The Assistant Drvisionat f;;i#;6;iton, Soutnern power Distribution Company Ltd. Asmangadh Divrsion South ulrcle' ' c"i",t"i'Hvo"iabad , The Denrrtv Santosh'Na6ar. Circle 7. Charminar Zone' HyoeraDao'' #;"Ci i."dni riniirlnpunr'rA REDDY, Advoc-ate [oPUCl one cc to SRr N SREEDHIii?'E-D"DV 5C;931^d;PDCL [oPUC] ffi 6; i; 51! 1r(NlatFbH sc FoR GHMCto"u3ir," "c"c. t. CP ioR ENERGY High court for the Y")E Hvderabad [OUTI .Two CD CoPies Municipal Corporation' "o.r,r.,on""i or rerangana at aaa ,t HIGH COURT NBKJ DATED:2810712025 o( c o o 12 [uE 2s6 oES lr.l .l'I ) / -l/ -'; l,i ORDER WP.No.21922 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS w