Allowed

M/s. Damayanthi Ice Factory, v. The Central Power Distribution Company of A.P. Ltd.

Telangana HC12 Dec 2014WP/26066/2009

Case brief

AI extract

What is this about?

This order dealt with a petitioner's application for LT commercial power supply. The Court held that the respondents must independently consider the application and grant service connection without disconnecting supply until regular charges are paid, despite a related writ by the lessor.

What did the court decide?

Order for service connection to be granted and not disconnected pending payment of regular consumption charges within three months.

M/s. Damayanthi Ice Factory, Vs The Central Power… — Service and Employment | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

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WRIT PETITION No.26066 of 2009

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ORDER:

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Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.

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The petitioner took a portion of the land on lease situated in Plot No.68, IDA, Mallapur, Ranga Reddy District. The petitioner had established an ice factory in the said premises under the small scale industrial sector. It applied for L.T commercial category – III power supply on 27.02.2009. When the same was not considered on the ground that in respect of the land, which the petitioner took lease from M/s.Srinivasa Ice Factory, there were certain arrears payable, this Writ Petition was filed.

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Learned Standing Counsel for the respondents submits that the lessor was due of some amount, and the lessor filed W.P.No.22623 of 2009. The said Writ Petition was allowed on 22.01.2010 by this Court and the respondents were given liberty to pursue the remedies open to them.

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In view of such liberty given to the respondents, the respondents ought not to have declined to consider the application of the petitioner. However, in the present Writ Petition an order was passed on 05.12.2009 directing the respondents to release the power supply to the petitioner, and the learned Counsel for the petitioner submits that the power supply was released pursuant to the said interim direction.

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Now, in view of the disposal of W.P.No.22623 of 2009 filed by the lessor, the application of the petitioner shall be considered independently by the respondents and service connection shall be granted to the lessee, the

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petitioner herein. Since the power supply was already released, it is open to the respondents to consider the application of the petitioner and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. The service connection of the petitioner shall not be disconnected till the petitioner pays the regular consumption charges.

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The Writ Petition is disposed of accordingly. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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(A.RAMALINGESWARA RAO, J)

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12.12.2014 TJMR

M/s. Damayanthi Ice Factory, v. The Central Power Distribution Company of A.P. Ltd.

Case brief

What is this about?

What did the court decide?

M/s. Damayanthi Ice Factory, v. The Central Power Distribution Company of A.P. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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