The High Court · 2025

accorded sanction of Commercial Connections instead of 8 Nos. Domestic Loads vrde sanction /approval letter dated 30-7 -2024 even after receiving the estimated amount of Rs. 2,31 ,3791- for domestic to the petitioner House bearing No. B-2- 2931K134 on plot bearing No. 34 Phase-lll A Type admeasuring 357 Sq Yards in Sy.No. 103(Old) and 126 (New) situated at Kamalapuri colony Adjacent to Srinagar colony Shaikpet village, Hyderabad Telangana state is illegal, arbitrary, contrary to law and vrolation of Principles of natural Just ce and set aside the same and consequently, direct the respondents to accord sanction 8 Nos. domestic load connections to the petitroner House stated above as per Sanction Memo dated 30-7-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crrcrlmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the Memo No. CE (Comml)SE(C)/DE(C)-1lADE-lV/D No 74012025-26 dt 13-5-2025 of the 8th respondent by directing the responderrts to accord sanction of supply to 8 Nos. Domestic Loads to the petitioner House bearing No. 8-2- 2931K134 on plot bearing No. 34 Phase-lll "A" Type admeasuring 357 Sq.Yards in Sy.No. 103(01d) and 126(New) situated at Kamalapuri colony Adjacent to Srinagar colony Shaikpet village, Hyderabad Telangana state as per Sanction memo dated 30-7 -2024 pending disposal of the above writ petitron Counsel for the Petitioner: SRl. MD IQBAL ALI JAVID Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 to 9: SRI N. SREEDHAR REDDY SC FOR TGSPDCL The Court made the following: ORDER I l THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 25277 OF 2025 ORDER: Heard learned counsel for petitioner, learned Government Pleader for trnergy appearing for respondent No.1 and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL appearing for respondents No.2 to 9.

2. In this Writ Pctition, the pe[itioner had sought to set aside the Memo, dt. 13.05.2025, issued by the 8th respondent in according (O8) commercial connections to the petitioner House bearing No.a-2-293 lKl34 on Plot No.34, Phase-lll "A" Type admeasuring 357 sq. yards in Sy.No.103(o1d) and 126(new.) situate d at Kamalapuri Colony, adjacent to Srrnagar Colony, Shaikpet Village, Hyderabad, instead of according usanction for (08) domestic load connectrons; and fo. . .o.r".quential direction to the respondents, TGSPDCL to accord sanction for (08) domestic load connections to the petitioner,s aforementioned house property.

3. Petitioner claims to be the absolute owner and possessor of subject property and he had constructed a house therein consisting of 5 floors in accordance with the approved 2 sanctioned plan. It is also stated that he had ear.ier. approachecl this Court by filing a writ petition uzde W.p.No.3O979 of 2024 challenging the action of the respondents in not releasing power supply to the aforementioned property, and this Court by order dt.06. 1 1.2024 disposed of the said writ petition ciirecting the respondents to release power supply to the subject property o[ the petitioner.

4. Petitioner further contends that though h,r had paid all the requisite fee / charges / challans to thc re:;pondents lor domestic electricifiz connections, lhe respondents rnstead o[ according domestic load connections, had accorderd sanction for (08) commercial connections releasing power supply under LT Cat-Vlll(Temporary Supply) uide Memo, dL. 13.OS;.2025, until production of occupancy certihcate. I

5. Petitioner therefore seeks for a direc tron to the respondents to accord domestic connections u.ithout insisting for production of ',Occupancy Certihcate" lrom the conccrnccl Municipal Corporation, as the same is not a mandeLtory.

6. Learned Standing Counsel appearing for respondents No.2 to 9 submits that this Court uicle order, dt.tr6. ll.2O24 in WP.No.30979 of 2024 , filed b5z the petitioner lercin, n.hrle J directing the respondents to release power supply to the subject premises of the petitioner, imposed condition on the petitioner to comply with the required terms and conditions as per rules in force including furnishing of an undertaking to produce the occupancy certificate from the Municipal Corporation concerned, within a reasonable period as prescribed by the respondents, and if no such occupancy certihcate is produced by the petitioner within such time, it is open for the respondents to take appropriate action, in accordance with law.

7. Learned Standing Counscl further submits that in compliance with the said order of this Court, the Be respondent had issued the impugned Memo, dt. 13.05.2025, granting sanction of (08) electricity connections releasing power supply under LT Cat-VIII(Temporary Supply) until prnduction of Occupancy Certificate and also directed the petitioner to produce Occupancy Certificate within three (03) months from the date of release of power supply. However, the petitioner did not turn up with the Occupancy Certificate, and as such the petitioner cannot seek for a direclion to the respondents for sanction of domestic connections 4 -t 8. Evidently, TGSPDCL in their Memo, dt, 13.05.2025, specilically mentioned that supply/release of electriciq/ to the subject area covered by the permission grirnted by the Municipal Corporation (GHMC) under LT CaI-VIII (Temporary supply) is until production of Occupancy Certillcate, and the petitioner is required to submit the same within (O3) months from the date of such supply.

9. The Hon'ble Supreme Court in the recent judgmcnt in Rajendra Kumqr Barjatga a. U.P. Auas Euam Vikas Parishqd.l in the larger public interest, issueci clirections in addition to the directives issued in Re Directions in the motter of demolition of stntctures, and one among the others is electricity connection sha11 be given by the service provider/Board to the buildings only after productionl , oi comple tion / occupation certihcate. lO. This Court in similar circumstances in WP.No.2332 1 of 2025, dt.O7.OB.2025, referring to the decision of the Apex Court tn Rajendra Kumar Bo.rjatgd's case(supra) and taking note of the misuse ol the liberty granted by this Court to the partrcs on several occasions with regard to non insistence of Occupancy i 2024 SCC Onlinc sc 3767 ) Ccrtihcate for releasing power supply, directed the petiLioner therein to approach the municipal authcrities concerned first for issuance of occupancy cer[ificate and on producing such certificate only, respondent - TGSPDCL was directed to consider the case of petitioner for release of electricity connection, in accordance with lau,. I 1. The petitioner in the present Writ Pctition also stands on thc same footing, as the petitioner by the impugned Memo, dt. 13.05.2025, while according sancLion for supply of electricity conncction under LT Cat-VIll(Temporary supply) in compliance to the orders of this CourL in WP.No.30979 of 2024, dt.06. 1 | .2024 , was directed to produce Occupancy Certihcate within a period of three (O3) months from the date of release of pou.er supply, but the pctitioner instead of prpducing thc Occupancy Certificate as directed, has approached this Court

12. In view of the above, the Writ Pctition is disposed of direcling petitioner to first approach the municipal authorities concerned for issuance of occupancy certificate and produce the same before the respondents. On the petitioner producing such certificate on1y, respondents - T(iSPDCL shall consider the case 6 of petitioner for release of domestic electricity r:onnections, as sought lor by the petitioner, in accordance with lirrl.. No costs. - Conscquently, miscellaneous applications, pe nding if any, shall stand closed SD/-MOHD. ISMAIL \Q EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Division. HYderabad. ComPounA, Tank Bund HYderabad Division AmeerPet, HYderabad 1 The Principal Secretary Department of Energy' TS Se':retariat Hyderabad 2. The Managing Drrector, Southern Power Distribution (;ompany of T'G' ' iirit",i, ViovJtr souorra Somaliguda' Hyderabad 3 The Chairman (CMD) Southern Power Distribution Company of TG Ltd ' Mint " 4 The Divisional Engender Opraton, TGSPDCL' Operat on Banjara Hills 5 The Assistant Divisional Engineer' Operations THSPDCL' Ameerpet Sub - 6 The Assistant Engineer TGSPDCL' (OPR/AE Ameerpet-'l0' Hyderabad 7 The Chief Engineer, /Operation /Metro Zone Hyderabad 8 The Chief Engineer (Commercial), TGSPDCL Ground Floor' Corporate Offtce 9. The Superintending Engineer, /Operation Banjara Hills Circle' Hyderabad 10.One CC to SRl. IVD IQBALALI JAVID Advocate [OFUC] '1 1 One CC to SRI N SREEDHAR REDDY SC FOR TGIIPDCL Advocate Mint ComPound, HYderabad' l loPUCl 12 fwoCCs to GP FOR ENERGY 'High 13 Two CD CoPies Court for the State of Telangana KKS BS HIGH COURT DATED:2610812025 ORDER WP.No.25277 of 2025 1H F, .S:4i 1({ i I () I I .- 09 s[P 20ffi i{, t DISPOSING THE WRIT PETITION WITHOUT COSTS I t 1 (