Smt. Mande Lalitha v. Southern Power Distribution Company of Telangana Limited

Telangana HC16 Jun 2021WP/13380/2021

Case brief

AI extract

What is this about?

This writ petition concerned a request for electricity connection without an Occupancy Certificate. Relying on prior adjudications, the court disposed of the matter by directing power supply release contingent upon compliance with terms and furnishing an undertaking to produce the certificate later.

What did the court decide?

Director to release power supply subject to compliance of terms and undertaking to produce Occupancy Certificate within prescribed period.

Smt. Mande Lalitha Vs Southern Power Distribution… — Service and Employment | Telangana HC (2021)

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HIGH COURT FOR THE STATE^{OF TELANGANA} (Special Original Jurisdiction)

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WEDNESDAY, THE SIXTEENTH^{DAY OF JUNE} TWO THOUSAND AND TWENTY^ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK^REDDY

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WRIT P ETITION NO: 13380 OF 2021

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Between:

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Smt. tr/ande Lalitha, W/o M.^{I\rlanohar Reddy, aged about 51 years, occ. Housewife'} R/o H.No.^'1-5-18 and 19, St.No. B, Vivekananda^{Nagar, Habsiguda,Hyderabad.}

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...PETITIONER

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AND

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1 Southern Power Distribution Company of^{Telangana Limited, rep. by its} Chairman and lt/anaging Director, having^its Corporate^{Office at 6-1-50'} tvlint Compound, Hyderabad.

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2 The Superintending Engineer, Operation Habsiguda Circle,^TSSPDCL, Habsiguda, Hyderabad.

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a The Assistant Divisional Engineer,^(Operation), TSSPDCL, Habsiguda Sub-Division Hyderabad.

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4 Greater Hyderabad Municipal Corporation, rep. by its Commissioner,^TankBund, Hyderabad.

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.,.RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in^the circumstances stated in the affidavit filed therewith, the High Court may^{be pleasedto} issue an appropriate Writ, Order or Direction, more^particularly one^{in the nature of} Writ of [r/landamus, to declare the inaction of the respondent authorities^{in releasing} the power supply to the^premises bearing H.No. 1-5-18 and 19, St.No.^8, Vivekananda Nagar, Habsiguda, Hyderabad, inspite of completion of^{the formalities} and payment of the requisite amount as being illegal, arbitrary and unjust and consequently direct the respondent Nos. 1 to 3 herein to release the^power supply without insisting to Occupancy Certificate from the 4th respondent.

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lA NO: 1 OF 2021

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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^the Respondent Nos. 1 to 3 herein to provide the electricity connection to the^premises bearing H.No.'1-5-18 and 19, St.No. B, Vivekananda Nagar, Habsiguda, Hyderabad, without insisting upon Occupancy Certificate from the 4th respondent,^pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRl. PERLA NARESH BABU

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Counsel for the Respondents No 1 to 3: SRI R VINOD REDDY, SC FOR TSPDCL

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Counsel for the Respondent No 4: SRI SAMPATH PRABHAKAR REDDY, SC FOR GHMC

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The Court made the following: ORDER

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THE HON'BLE^SRI JUSTICE^{A.ABHISHEKREDDY} WRIT PETITI^{ONNo.1 3380of 2021}

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ORDER:

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Heard the^{learned counsel for the Petitioner'Sri R'Vinod} Reddy,^{learned Standing Counsel for TelanganaState Southern} Power Distribution^{CompanyLimitedappearingfor respondent} Nos.1 to^{3, and Sri Sampath Prabhakar Reddy'learned Standing} Counsel^{for GHMC,appearingfor respondentNo'4'Withtheir} consent,^{the Writ Petition is disposed of at the stage of admission} itself.

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When^{the matteris takenup for hearing' the learned counsel} for the^{petitioner has submittedthat the issue raised in the present} writ petition^{is squarely covered by the orderspassed by this Court} in W.P.No.26085^{of 2018, dated26'07 '2018'and W'PNo 6030 of 2020'} dated^20.04.2020.

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The above^{said submissionis not disputedby the learned} Standing^{CounselsapPearing for the respondents herein'}

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In view^{of the same and for the reasons alike in the order} dated 26.07.2018,^{passed in W'P'No26085of 2018'the presentWrit} Petition^{is disposed of directingthe respondentsto release the} power supply^{to the premises of the petitioner' subiect to} compliance^{of the terms ancl conditions and on furnishing an} undertaking^{to producethe OccupancyCertificate fromthe} concerned^{MunicipalCorporation'withina prescribedperiod' and if}

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no such Occupancy Certificate is produced within such period, it is open to the respondents to take appropriate action, in accordance with law. Further, this order does not preclude the official respondents from rejecting the application made by the petitioner, if it is found that the subject property is a vacant land and no structure is in existence.

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The miscellaneous petitions pending, iI any, shall stand

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closed. There shail be no order as to costs.

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To,

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SD/. I.NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY// i. Jl-,"SECTION OFFICER

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The chairman and A/anaging Qirector, southern power Distribution companv of I;lTg?:3^{.,, ited, h avi n! i6 bo'il;i; orii."., li o'-r --sol uriii ciii} ;;;1'^" "

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The Superintendino Enqineer, Operation Habsiguda Circle, TSSpDCL, Habsiguda, Hyderaiadl

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The Assistant Divisionat Engineer, (Operation), TSS'DCL, Habsiguda SubDivision Hyderabad.

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t I?:"?3[T]ssioner'Greater^{Hvderabad Municipal corporation, TankBund,}

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One CC to SRl. perla Naresh Babu Advocate tOpUCl

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One CC to SRt. R Vinod Reddy, SC for TSSpDCL tOpUCl

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One CC to SRl. Sampath prabhakar Reddy, SC for GHMC tOpUCl

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B. Two CD Copies

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One Spare Copy

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(Along with a copy of order dt:26.07.2018 in W.p.No. 26085 of 2O1B)

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rsn .;-

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HIGH COURT

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DATED:1610612021

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OF
ORDER ;+"
.$
lqo
WP.No.13380 of 2021 ; $"
C,,;-l x

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DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
{ S
b

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THE HON'BLE SRI.IUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.26OE5 of 2O18

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ORDER:

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Heard counsel for the petitioner, Sri R. Vinod^Reddy, Standing Counsel for Telangana State Southern^Power Distribution Corporation Limited, appearing^{for respondents} 1 to 3, and Sri L.Venkateshwar Rao, Standing^{Counsel for} Greater Hyderabad Municipal Corporation,^{appearingfor 4th} respondent.

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It is stated by learned^{counsel appearing for the} petitioner as well as Sri R.Vinod Reddy,^{Standingcounsel} appearing for respondent Nos.l^{to 3 that the issue in this} Writ Petition is covered by the^{order of this Court} dt.23.03.20 18 in W.P.No.9789^{of 2OlB'}

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Therefore for reasons^{a1ike, this Writ Petition is also} disposed of with a direction^{to the respondents to release the} power supply to the^{premises of the petitioner subject to the} compliance of the terms^{and conditions and on furnishing an} undertaking to^{producethe occupancy certificate from the} concerned Municipal^{Corporationwithin a prescribedperiod,} and if no such occupancy^{certificateis produced withinsuch} period, it is open to the^{respondents to take appropriate} action in accordance^{with law. There shallbe no order as to} costs

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Consequently, miscellaneous petitions^pending, if^any,

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sha11 stand dismissed.

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M.S.RAMACHANDRA RAO, J

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26th July, 2018. gra

Smt. Mande Lalitha v. Southern Power Distribution Company of Telangana Limited

Case brief

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Smt. Mande Lalitha v. Southern Power Distribution Company of Telangana Limited

Case brief

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