High Court dismissed a writ petition where the petitioner sought commercial electric meters for a residential building constructed without municipal permission. The Court held the petitioner was not entitled to relief as no changed circumstances existed to justify issuance of mandatory orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATEOF TELANGANA AT UYDERABAD (SPecial Original Jurisdiction)
IVIONDAY, THE EIGHTEENTHDAYOF OCTOBER TWO THOUSAND AND TWENTY ONE
.)
PRESENT
THE HON'BLE SRIJUSTICE K.LAKSHMAN
WRtr PETtnoN NO. 17932 0F 2021
Between:
B. Jagadish, S/o. B.Venkatesham,Age.61 yrs, Occ. BusinessF/o. 1-9-36/1 '2' 3, 4 Ramnagar. Hyderabad.
..,'ET'T.ONER
AND
...RES'ONDENTS
Petition under Article226 of the constitutionof lndia prayingthat in the circumstances statedin the affidavitfiled therewith,the High Court may be pleased to issue it a writorder or direction more particularlyonein the natureof wRlT oF MANDAMUS directingthe respondents1 to 3 to provide 3 Commercial electric meters to the residentialHouse bearing No. 1-9-36/1,2,3,4 area 266.3Sq.yds ' situated at Ramnagar,Hyderabad., Boundedby North: houseof NooruddinSouth: Path way East: openland west:House of Bal Reddy. that the refusal to provide3 Commercial electricmeters to the above referred premises is illegal and arbitrary'
IA NO: 1 0F 2021
Petition underSection 151 CPC prayingthat in the circumstancesstated in the affidavitfiled in supportof the petition,the High court may be pleased to direct the respondents1 to 3 to provide3 commercial electric meters, to panal boardon existing servicessi.Nos.F1 10076, F15103, F138924 and F',15083 for total contracted load9000kwto the residential House bearingNo. 1-9-36/1 , 2, 3, 4 area 266.3 Sq.yds., situatedat Ramnagar, Hyderabad, Boundedby North:house of Nooruddin;South:Pathway;East:Openland;West:HouseofBalReddy'without beinginfluencedbythefourthrespondent,pendingdisposalofmainwritpetitionand deem fit andproper in the circumstance of the case
Counsel for thePetitioner:SRITHAKUR ROOPASINGH
Counsel fortheRespondent Nos. 1 to 3: SRI R' VINOD REDDY' S.C. FOR T.S.S.P.D.C.L
Counsel fortheRespondent No'4:SRI PASHAM KRISHNA REDDY'
S.C. FOR GHMC
The Court made thefollowing:ORDER
/
HO]'BLE SRIJUSTICEK. LAKSHMAN
\T/RIT PETITION No.17932 0F 2021
ORDER:
HeardMrs.ThakurRoopaSingh,leamedcounselforthepetitioner and Mr. R. VinoclReddy, leamed Standing Counsel appearingon behalf of respondentNos.1to 3 and Mr. Pasham Krishna Redcly, leamed Standing Counselfor GHMCappearingon behalf of respondentNo'4'
2
KL,J W.P. No.17932 of 2021
ground that he has no constluction permission frorn the GHMC. The petitioner claims that he needs thlee commercial electric meters and a panel board for which he is ready to pay necessary charges. Despite receiving and acknowledging the application dated 13 .07 .2021, respondentNos.I to 3 did not act upon it and, thelefore, the present writ petition.
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KL,J ll/.P.No. i7932of202l
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4
KL,J W.P.No.17932 ol2021
,
the petitioner herein had again made an application dated 13.07.2021 seeking three more electric meters to the existing house, and the same was also rejected on 27.07.202\ on the ground that the petitioner does not have a building construction permission from respondent No.4.. There is no change of circurnstances from 24.05.2019 till 13.07.2021. Even then, the petitioner herein has submitted the application dated 13.07.2021 seeking three more electric seryice connections.
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KL,J l/.P, No.l79j2 ol2021
5
dated 27.04.2019. Therefore, the order in W.P. No.7997 of 2020 is not helpful to the case of the petitioner herein.
As a sequei, the miscellaneous petitions, if any, pending in the writ
petition shall stand closed.
SD/.K.SAILESHI
t
To,
//TRUE COPY//
ASSISTANT REGISTRAR Gt
SECTION OFFICER
'1 . One CC to Sri Tlrakur Roopa Sinqh, Advocate IOPUCI 2. One C I Io 9t.i BVinod Reddy, S.C.for T.S.S.p.D.C.L.(OpUC) 3. One C C to Sri Pasham Krishna Reddy, S.C. for GHMC (OpUCi 4, Two C D Copies 5. One S pare Copy. MP +>.
HIGH COURT
DATED:1811012.021
ORDER
WP.No.17932 <tf 2021
1 $E STAI€
(
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DISMISSING THE WRIT PETITION WITHOUT COSTS
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3 issues framed by the court
Whether the petitioner is entitled to a writ of mandamus directing utility authorities to provide commercial electric meters despite the absence of construction/occupancy permission.
Whether the rejection of applications for additional meters was legally sustainable given the non-compliance with municipal regulations.
Whether the petitioner is entitled to challenge the refusal to provide meters when the building was constructed without municipal permission.
Colour shows how this judgement treated each authority
W.P. No.7997 of 2020 (dated 11.06.2020)Distinguished¶46
B. Jagadish
The Southern Power Distribution Company of Telangana State Ltd
Assistant Divisional Engineer Operation, TSSPDCL
The Greater Hyderabad Municipal Corporation, Rep. by Commissioner
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
