Disposed

M/s. Akruthi Builders and Developers v. The State of Telangana and 6 others

Telangana HC9 Mar 2022WP/12179/2022

Case brief

AI extract

What is this about?

In a writ petition challenging refusal of power supply, the High Court disposed of the matter at the stage of admission. The court directed the petitioners to file a fresh application before the Electricity authorities, to be reviewed without specific reference to prior Municipal Corporation proceedings.

What did the court decide?

Petitioner directed to file a fresh application for power supply to be disposed within four weeks.

M/s. Akruthi Builders and Developers Vs The State… — Service and Employment | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE^{OF TELANGANA AT HYDERABAD}

¶2

(Special Original Jurisdiction)

¶3

WEDNESDAY,THE NINTH^{DAY OF IMARCH} TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HONOURABLE^{SRI JUSTICE A.ABHISHEKREDDY}

¶6

WRIT PETITIO N NO: 12179^{OF 2022}

¶7

Between:

¶8

tr,4/s. Akruthi Builders and^{Developers,Rep. by its Partner.-Yarlagldda} Srinivasa Rao S/o Yarlagadda^{Lakshmi Narayana, agedabout 56 years,occ.} euiine.t, R/o Flat Uo.Z0'2,^{Challa Pride Apartments,Czech Colony,Opp FCl} Godown, Sanathnagar,^HYderabad.

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana,^{Rep. by its Principal Secretary, Power and Energy} Department, Secretariat,^Hyderabad

¶12

2 Southern Power Distribution^{Company Limited of Telangana, Rep by its} Cf',uirrjn and^{l,4anagingDirector, Office at tr,4int Compound, Hyderabad'}

¶13

3 Southern Power Distribution^{Company Limited of Telangana'Rep by its} Superintending Engineer^{(operations), l,4edcha I Circle,l'4edchal}

¶14

4 Southern Power Distribution^{Company Limitedof Telangana, Rep by its} Divisional Engineer^{(Operalion), Kukatpally, lvledchal Circle,l'4edchal}

¶15

5 Southern Power Distribution^{CompanyLrmitedof Telangana,Rep by its} Assistant Engineer^{(Operations).Bachupally [,4edchal Circle lt'/ledchai'}

¶16

6 Southern Power Distribution^{Company Limitedof Telangana, Rep by its} Assistant Divisional Engineer^{(Operations)'Miyapur,I\iledchalCircle'} Med chal.

¶17

7 The Nizampet Municipal^{Corporation, Rep. by its Commissioner, Medchal} Malkajgiri District.

¶18

...RESPONDENTS

¶19

Petition under Article²²⁶ of^{the constitutionof lndiapraying that in the} circumstances stated in the^{affidavitfiled therewith, the High courtmay be} pleased to issue a writ, order or direction^{more particularly one in the nature of} Writ of lVandamus by declaring^{the action of the Respondents authoritiesmore} particularly Respondent No.4 and 5 authorities^{in refusing to release the power} supply vide rejection^{letter Reference No. LTlr/223600651,dated 25.02.2022 Io}

¶20

the petitioner's premises bearing Plot No.129, admeasuring 200 sq yards in Sy Nos.21 to 27, Situated at Bachupally Village and Gram Panchayat, Bachupally Mandal, Nizampet Municipality, Medchal-lVlalkajgiri District, on the ground of letter reference No. N IVC/G/03/2020 dated 1410512020 issued by the Respondent No.6 (not to release the power supply for illegal construction) as illegal, arbitrary, without any^{jurisdiction,} contrary to the provisions of electricity Act 2003 and violative of Article 14 of the Conslitution of India and consequently direct the Respondents No.4 and 5 authorities herein to release the power supply to the petitioner property bearing Plot No.129, admeasuring 200 sq yards in Sy.Nos.2'l to 27, Situated at Bachupally Village and Gram Panchayat, Bachupally Mandal, Nizampet [/unicipality, Medchal-tValkajgiri District, without referring to letter reference No.NMC/G/0312020 dated 14lO5l2O2O issued by the 6th Respondent.

¶21

lA NO: 1 OF 2022

¶22

Petition under Section 15'1 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 authorities more specifically respondents 4 & 5 authorities herein to release the power supply to the petitioners property bearing Plot No.129, admeasuring 200 sq yards in Sy.Nos.21 to 27, Situated at Bachupally Village and Gram Panchayat, Bachupally Mandal, Nizampet t,4unicipality , l\4edchal-lValkajgiri District without referring lo letter reference No.Nlt/C/G/O3/2020 dated 1410512020 issued by the 6th Respondent pending disposal of the main writ petition,

¶23

Counsel for the Petitioner:SRl. HARI KISHAN KUDIKALA

¶24

Counsel for the Respondent No.1: GP FOR ENERGY

¶25

Counsel for the Respondent No's.2 to 6:SRl R.VINOD REDDY(SC FOR TSSPDCL)

¶26

Counsel for the Respondent No.7:SRl N.PRAVEEN KUMAR (SC FOR MC) The Court made the following: ORDER

¶27

THE HON'BLE SRI JUSTICE A. ABHISHEK^REDDY

¶28

WRIT PETITION No.12179 of 2022

¶29

ORDER:

¶30

Heard learned counsel for the^{petitioner, learned Government} Pleader for Enerry appearing for respondent No i, Sri R.Vinod Reddy, learned Standing^{Counsel,appearing for responcient} Nos.2 to 6, and Sri N. Praveen Kumar,^{iearned Standing Counse;} appearing for respondent No.7. With their^{consent, the Writ Petitionis} disposed of at the stage of admission^itself.

¶31

In this writ petition, the^{petitioneris aggrievedby the action of the} respondents, more^particularly respondents 4 &^{5, in refusing to release} the power supply to the^premises of^{the petitioner bearing Plot No.129,} admeasuring 200 square yards, in^{Survey Nos.2 1 to 27 situatedat} Bachupally Viliage and Gram^{Panchayat,BachupallyMandal, Medchai-} Malkalgiri District.

¶32

Learned counsel for the petitioncr submits^{that the respondent} authorities have refused to^{release the powersupply to the subject} premises belonging to the petitioner uide refusai^{letter No.LTM223600651'} dated 25.O2.2022.

¶33

4\ Learned Standing Counsel for respondent^{Nos'2 to 6'orr} instructions, has stated that basing on^{the letter addressedby respondent} No7 uide No.NMC/G/0312O2O dated^{14.05.2020, powersupplvto the} petitioner was refused to be released.^{He further submitsthat if the}

¶34

¶35

petitioner makes an application, again, the^{authoritieswill receivethe} same and pass necessary^{orders thereon, as per law.}

¶36

1n vieu,of the above made^{submissions,the petitioneris directedto} submit a fresh application^{beforerespondents Nos.4 & 5 seeking release} of power supply to^{the subject premises,which shall be receivedby the} authorities and necessary^{orders be passed thereon, strictly as per law,} without reference to the^{proceedings No.NMC/G/O312020dated} 14.O5.2O2O of respondent^{No.7,as expeditiously as possible, preferably,} within a period of four weeks^{from the date of receiptof a copy of this} order.

¶37

1. Accordingly, the Writ Petition^{is disposed of. No orderas to costs}

¶38

Consequently, miscellaneous^{petitions pending, if any, shall stand}

¶39

closed.

¶40

¶41

SD/-T.TIRUMALA DEVI ASSISTANT REGISTRAR

,TRUE COPY'

b=-'

SECTION OFFICER

To,

The Principal Secretary, Power and Energy Department, State of Telangana

¶47

1 Secretariat, Hyderabad

¶48

The Chairman and Managing Director, The Southern Power Distribution Company Limited of Telangana, Office at Mint Compound, Hyderabad.

¶49

The Superintending Engineer (operations), The Southern Power Distribution mnanv I imi ed of Telan a na. Medchal Circle, Medchal

¶50

The Divisional Engineer^{(Operation), The SouthernPower Distribution} Company Limitedif Telaniana,^{Kukatpally, MedchalCircle, Medchal.}

¶51

The Assistant Engineer^{(Operations),The Southern Power Distribution} Company Limited-of^{Telanlana,Baihupally,MedchalCircle, Medchal.}

¶52

The Assistant Divisional^{Engineer (Operations),The Southern Power} Distribution Company Limited^{of Tetangana,l,4iyapur'lVledchal Circle,} lVedchal.

¶53

The Commissioner, Nizampet^{l,4unicipal Corporation'IVedchal ti,4alkajgiri} District.

¶54

B. One CC to SRl. HARI^{KISHAN KUDIKALA Advocate} IOPUC]

¶55

g. Two ccs to Gp^{FOR ENERGY, High court for the stateof relangana. [oUT]} lO.ONC^{CC tO SRI R,VINOD REDDY(SC FORTSSPDCL)'AdVOCAICIOPUCI} 11. One^{CCto SRI N PRAVEENKUN/AR(SC FOR lrlC)' Advocate IOPUCI}

12.f wo^{CD CoPies'}

13.One^SPareCoPY'

L,t BS .tr

HIGH COURT

DATED:0910312022

ORDER

WP.No.12179 of 2022

.:j \o ir,L s14 /S.
r'
25 MAR 202 t
*

¶65

DISPOSING OF THE WP

¶66

WITHOUT COSTS.

¶67

@*6'-

M/s. Akruthi Builders and Developers v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

M/s. Akruthi Builders and Developers v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Malreddy Ramreddy Vs The Telangana State Information Commission

Pusuluri Srinivasa Rao and 5 others Vs The State of Telangana and 11 others

M/s Sri Srinivasa Transport Contractors Vs The State of Telangana

Varanasi Prashanth Vs The State of Telangana

Mudiraj Sangam (Muttarasi) Vs The State of Telangana

G. Uma Devi Vs The State of Telangana and 6 others