The High Court · 2025

Judgment

4. The State of Telangana, Rep. by its Principal Secretary Power and Energy Department Secretariat, Hyderabad-500022. The Southern Power Distribution Company of Telangana State Ltd., Rep. by its Chairman and Managing Director having its Corporate office at 6-1-50' Mint Compound, Hyderabad 500063. The Superintending Engineer/Operation/Ban,iarahills Circle TGSPDCL' Banjarahills, Hyderabad. The Greater Hyderabad Municipal Corporation, Rep. by the Commissioner, Serilingampally Zone, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the

circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ order or direction more particularly one in the nature of wRlT oF MANDAMUS directing the respondents 2 to 3 to provide electricity connection extension of Supply to 4Nos. Domestic load of each 14KW and besides an existing sc.No.A9067675-Cat-Vlll-1BKW thus, making a tot load of 74KW duly proposed l ooKVA DTR Connection to the Residential Building the Plot No.331, in Survey Nos.33 to 39, admeasuring 500 Sq. Yards, situated at Sarojini Naidu Nagar, Kakatiya Hills, Guttala begumpet (V), Serilingampaily (M), Under GHMC, Ranga Reddy District, T.s., bounded by North plot No.330 South plot No.332 East 30' Feet wide Road west prot No.365. without insisting upon occupancy certificate from the 4th respondent by holding that the refusal to provide, electricity connection to the above referred premises is illegal and arbitrary. lA NO: 1 OF 2025 Petition under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondents 2 to 3 to provide erectricity connection extension of suppry to 4Nos. Domestic road of each 'r4KW & besides an existing sc.No.A9067675- cat- vlll-18Kw thus, making a totar road of 74r,(At dury proposed ioOKVA DTR connection to the Residentiar Buirding the prot No.331, in Survey Nos.33 to 39, admeasuring 500 Sq. yards, situated at Sarojini Naidu Nagar, Kakatiya Hills, Guttala begumpet (v), seriringampaily (M), Under cHMc, Ranga Reddy District, T.S., bounded by North: plot No.330; South: plot No.332: East: 30, Feet Wide Road; west: Plot No.365. without insisting upon occupancy certificate from the 4rh respondent pending disposal of main writ petition.. Counsel for the Petitioner: Smt. THAKUR ROOPA SINGH Counsel for the Respondent No.1: Gp FOR ENERGY Counsel for the Respondent Nos.2 & 3: SRI N. SREEDHAR REDDY, S.C. FOR TGSPDCL Counsel for the Respondent No.4: SRI c. MADHUSUDHAN REDDY, S.C. FOR GHMC The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No.36681 of 2025

02.L2.2025 Between: M/s. Rao Brothers Chit Funds private Limited AND The State of Telanga.na & three others ORDER: ...Petitioner ...Respondents The Writ Petition is filed seeking a direction to respondent Nos. 2 and 3 ,to provide an extension of electricity supply for 4 domestic connections of 14 KW each, in addition to the existing Service Connection No. A9067675 (Category-Vlll, 18 KW), making a total load of 7tt KW, by installing a proposed 100 KVA DTR for the residential building situated in Plot No. 331, in survey Nos.33 to 39, admeasuring 50O square yards at Sarojini Naidu Nagar, Kakatiya Hills, Guttala Begumpet Village, Serilingampally Mandal, under GHMC, Ranga Reddy District, Telangana State. The petitioner further seeks a direction to provide the electricity connection without insisting upon an occupancy certificate from respondent No.4, contending that the refusal to provide electricity connection to the said premises is illegal and arbitrary.

2. Heard Smt. Thakur Roopa Singh, learned counsel for the petitioner, learned Government Pleader for Enerry on behalf of Respondent No. 1, Sri N. / 2 Sreedhar Reddy, Iearned Standing Counsel for TGSPDCL on behalf of Respondent Nos.2 and 3 and Sri G. Madhusudhan Reddy, learned Standing Counsel on behalf of Respondent No.4-Greater Hy'derabad Municipal Corporation.

3. Learned counsel for the petitioner submits that in somewhat similar circumstances, rvhile dealing rvith Writ Petition No.18332 of 2025, this Court, by order dated 30.06.2025, directed the respondents authorities therein to release the power supply to the premises of tLLe petitioners therein subject to the compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certilicate 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 appropriate action in accordance with law, and hence, requested this court to pass srmilar order in the present writ petition also.

4. Recently, the Hon'ble supreme court in RaJend.ra Kum.a.r Barjatga a. U,P. Aaas Euann Vikas Parlshadr, in the larger public interest, issued directions in acldition to the directives issued in Re: Directions in the matter of demolition of structures. Relevant for the purpose of this case are: "(iv) All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall bt: given by the | 2024 SCC Online SC 3767 I / t l I I I 3 service provider / Board to the buildings only after the production of the compretion / occupation certificate. (v) Even after issuance of completion certificate, deviation / violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder / owner / occupant; and the officiar, who is responsible for issuance of wrongful compretion / occupation certificate shall be proceeded departmentally forthwith. (vi) No permission / licence to conduct any business / trade must be given by any authorities including locar bodies of States /Union Territories in any unauthorised building irrespective of it being residential or commercial building. (vii) The development must be in conformiry- with the zonal plan land usage. Any modification to such zonar plan and usage must be taken by strictly following the rules in place land in consideration of the larger public interest and the impact on the environment,,. 5' since the prayer of the petitionerr; is to release service connection, this court without going into merits of the matter, directs the respondents to consider the case of the petitioner and release service connection to the subject propert5r, subject to the petitioners complying with the directions issued by the Hon'ble supreme court in Rajendra Kumsr Barjatga,s case (supra) and the statutory requirements prescribed by the local authorities. 6 The writ Petition is accordingry, disposed of. No costs I 4 consequently, miscellaneous applications, pending if any, shalr stand closed. To / SD/.S. MALLIKARJUNA RAO ASSISTANT REGTSTRAR G SECTION OFFICER //TRUE COPY//

1. The P.rincipal. Secretrry_?gygr and Energy Department, state of relangana, Secretariat, Hyderabad-500022 . \

2. The Chairman and Managing.Director, Southern Power Distribution Company gf relangana State Ltd., having its corporate office at 6-1-50, 'Minl Compound, Hyderabad 500063. Banjarahills, Hyderabad.

3. fhu. SuPerintending Engineer/Operation/Banjarahills Circle TGSpDCL, 4. The Commissioner, Greater. _l-lyderabad tMunicipal Corporation, Serilingampally Zone, Ranga Reddy Di5trict.

5. One CC to SMT. THAKUR ROOPA S|NGH, Advocate tOpUCI 6. Two ccs to ,c.l for Energy, High court for the state of relangana at Hyderabad. [OUT] 7 - one cc to SRI N. SREEDHAR REDDY, s.c. for TGSpDCL lopuc] 8. one cc to SRI G. MADHUSUDAN REDDY, s.c. for cHtuc topucl 9. Two CD Copies MP GJP ! ---.-.-- HIGH COURT DATED:0211212025 oR I ric .) ( I -* ORDER WP.No.36681 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,n 1