Disposed

P. Srinivas Goud v. The State of Telangana and 5 others

Telangana HC17 Mar 2022WP/13661/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal of power supply without examining the merits. The Court directed the petitioner to submit a fresh application to the Power Company and Municipal Corporation for rel of power within four weeks, disregarding earlier correspondence.

What did the court decide?

Petitioner directed to submit fresh application for power supply within four weeks; previous proceedings held inapplicable.

P. Srinivas Goud Vs The State of Telangana and 5… — Service and Employment | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 13661 OF 2022

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Betwee n:

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P. Srinivas Goud, S/o. Late P. Bala Goud Aged about 45 years, Occ. Business R/o. H.No.'1-52, Mallampet Village DundigalGandimaisammaMandal Medchal-Malkajgiri District.

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,..PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary. Power and Energy Department. Secretariat, Hyderabad -500022

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2 Telangana State Southern Power Distribution Company Ltd.,, Represented by its Chairman cum Managing Director. Office at Mint Compound. Hyderabad.

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1 Telangana State Southern Power Distribution Company Ltd.,, Represented by its Superintending Engineer Operations medchal Office at Tirumalgherry X roads, Gunrock Sub-Station

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4 Telangana State Southern Power Distribution Company Ltd,, Rep. by its Divisional Engineer (Operations) Jeedimetla Division office. Office at HMT Sub-Station. Chintal

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5 Telangana State Southern Power Distribution Company Ltd,, Rep. by its Assistant .Engineer (Operations) Office at Pragathi Nagar, ALEAP Sub-Station Pragathi Nagar

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6 The Nizampet Municipal Corporatron, Rep by its Commissioner Mecichal-Ma lkaig iri District

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...RESPONDENTS

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Petition under Article 226 ol 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 Writ of Mandamus. declaring the action of the respondent authorities more specifically Respondent No.4 and 5 authority in refusing to release the power supply vide refusal letter reference No. AAE/OP/PRAGATHI NAGAR/FGENL/D.No.102012021-22, daled 1210112022, to the Petitioners premises in Plots No.9 Part and10 Part. admeasuring 270.0 sq.yds and Plot No.^'10 admeasuring eO).eASq.yOs. totally admeasuring 632.88 sq.yds in Sy.No. 272lE. situated at Mallampet Village and Grampanchayat, Dundigal- Gandimaisamma Ivlandal, Ivledchal-lvlalkajgiri District, issued by the Respondent No.6 (not to

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/ / V

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release^power supply for illegal constructions)^{as illegal,arbitrary,without any} jurisdiction, contrary to provisions of Electricity Act 2003 and violation of Article 14 of the Constitution of lndia and consequently^{direct the RespondentNo. 4} andS authority herein to release the^power supply^{to the Petitioner said property} referred above without referring to^{letter reference No. NMC/G/0312020 dated} 1410512020 issued by the 6th respondent.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support of the^{petition, the High Court may be pleased to} direct the respondent authorities more^{specifically respondentNo.4and5} authority herein to release the^power supply^{to the Petitioners propertyin Plots} No.9 Part and10 Part, admeasuring 270.0^{sq.yds and PIot No.'1 0 admeasuring} 362.88Sq.yds, totally admeasuring 632.88^{sq.ydsin Sy.No.272lE, situatedat} Mallampet Village and Grampanchayat,^{Dund igal-Gandima isammal,4andal,} Medchal Malkajgiri District without referring to^{letter referenceNo.} NMC/G/03/2020 dated 1410512020 issued by the^{6th respondent pending} disposal of the main Writ^petition.

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Counsel for the Petitioner : SRI PILLI NAGARAJ Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent Nos.2 to 5: SRI^{R. VINOD REDDY,} SC FOR TSSPDCL

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Counsel for the Respondent No.6: SRI^{N. PRAVEEN KUMAR,} SC FOR MUNICIPALITY

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The Court at the stage of admission made^{the following: ORDER}

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THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY

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1VRIT PETITIONNo.1366 1 of 2o22

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QEDPN:

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Heard learned counsel for the petitioner, learned Government Pleader for Energz appearing for respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel, appearing for respondent Nos.2 to 5, and Sri N. praveen Kumar, learned Standing Counsel appearing for respondent No.6. with their consent, the writ petition is disposed of at the stage of admission itself.

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2l In this writ petition, the petitioner is aggrieved by the action oI the respondents, more particularly respondent Nos.4 and 5, in refusing to release the power supply to the premises of the petitioner bearing plot Nos 9 Part and 1o Part, admeasuring 270.0 Square yards and plot No.1o admeasuring 362.88 Square yards, totally admeasuring 632.g8 Sq. yards in Sy.No.272/E situated at Mallampet Village and Grampanchayat, Dundigal-Gandimaisamma Mandar, Medchal Malkajgiri District, Telangana.

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Learned counsel for the petitioner submits that the respondent authorities have refused to release the power supply to the subject premises belonging to the petitioner uid-e refusal letter No.AAE/OP/Pragathinagar/F-Genl/DNo. lO2O / 2027_22, Dt. t2.O 1.2022.

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4l Learned Standing Counsel for respondent Nos.2 to 5, on instrucrions, has stated that basing on the letter addressed by respondent

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No.5 uide No.NMC/G/03l2O2O dated 14.05.2020, power supply to the petitioner was refused to be released. He lurther submits that if the petitioner makes an application, again, the authorities will receive tl-re same and pass necessary orders thereon, as per larv.

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In view of the above made submissions, the petitioner is directed to submit a fresh application before respondents Nos.4 and 5 seeking release of power supply to the subject premises, which shall be received by the authorities and necessary orders be passed thereon, strictly as per law, without reference to the proceedings in No.NMC/G l03l2O2O d,ated 14.O5.2O2O of respondent No.6, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of. No order as to costs

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Consequently, miscellaneous petitions pending, if any, shall stancl

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closed

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SD/.K.AMMAJI

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ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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The Principal Secretary. Power and^{EnergyDepartment'State of Telangana'} Secretariat, Hyderabad^-500022

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The Chairmari cum lvlanaging Director,Telangana^{State Southern Power} Distribution Company Ltd., Office at^{Mint Compound. Hyderabad.}

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a',,t/'-- --

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3.	TheSuperintending Engineer OperationsTelanganaState Southern Power Distribution Company Ltd.,,lvledchalOfficeatTirumalgherryX^roads, Gunrock Sub-Station
4.	TheDivisional Engineer(Operations),TelanganaState Southern Power Distribution Company Ltd,JeedimetlaDivision office. Office atHMT Sub-Station Chintal
5.	TheAssistantEngineer (Operations),Telangana State Southern Power Distribution Company Ltd, OfficeatPragathi Nagar,ALEAPSub-Station Pragathi Nagar
6.	TheCommissioner, Nizampet Municipal Corporation,Mecichal-tr,4alkaigiri District
7.	OneCCtoSriPilli NagarajAdvocate[OPUC]
8.	Two CCstoGPforEnergy, High Court for the StateofTelangana atHyderabad. [OUT]
9. 10. 1'1 12.	OneCCtoSriR.VinodReddy,SCforTSSPDCL[OPUC] OneCCtoSriN. Praveen Kumar,SCforlMunicipality[OPUC] .TwoCD Copies One Spare Copy
Srn SB	t

HIGH COURT

DATED;17 t0312022

ORDER

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WP.No.1366'l ot 2022

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DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS

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//lrl ,)-j d,L

P. Srinivas Goud v. The State of Telangana and 5 others

Case brief

What is this about?

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P. Srinivas Goud v. The State of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

What the court decided

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