The Telangana High Court disposed of a writ petition seeking release of power supply at the stage of admission. The petitioners argued the issue was covered by prior orders which required release subject to furnishing an undertaking for future compliance.
Writ petition disposed of at the stage of admission without costs.
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 STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY ,THE SEVENTEENTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION NO: 13664 OF 2022
Between:
Rakesh K. Patel, Sio Kanti Bhai C. Patel, Aged about 57 years, Occ. Business, H.No.5-5-9/3, Ranigunj, Secunderabad.
...PETITIONER
AND
...RESPONDENTS
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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the power supply to the Petitioners buildings at premises bearing H.No.1-10-68/4/'1 on Plot No.1B and Part of Plot No.19, in Sy.Nos.30,39, and 40, admeasuring 417 sqyards (out of the totalextent of 867 sq yards), Situated at Cheekoti Garden Begumpet,Hyderabad,as illegal, null, void, arbitrary and consequently directthe respondentsto release the power supply withoutinsisting for occupancy certificate.
lA NO: 1 OF 2022
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 2nd and 3rd Respondents to release the power supply to the Petitioners buildings at premises bearing H.No.'1 -10-68/A/1 on Plot No.1B and Part of Plot No.19, in Sy.Nos.30, 39, and 40, admeasuring 417 sq yards (out of the total extent of 867 sq yards), Situated at Cheekoti Garden Begumpet, Hyderabad.
Counsel for the Petitioner : SRl. B. MANOJ KUMAR Counsel forthe Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 & 3: SRI R. VINOD REDDY,
SC FOR TSSPDCL Counsel for the Respondent No.4: SRI CHATLA MADHU, SC FOR GHMC
The Court at the stage of admission made the following: ORDER
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.1 3664 of 2022
ORDER:
Hcarcl thc learnecl counscl [or the petrtioncr, t]lc le arne'd (]ovcrnmcnl Plcadcr lor Encrgl lir:' rcsponclcnt No.I . Sri R.Virrocl Ilt'clch.. lt'arrrcd Standinc coLrnst'l ftrr Tcliinqitnit Stlrlc -Soulhlrri I)ou e r I)istribLllion Compillv l,irnrtccl irirltcarinq lirr rcsponCcnl Nos.2 irn<1 3, a:rcl Sri Clriitia lViadltrr, lt':rrnccl St:rrtrling ('()Llrlsr'l itppcaring lor responde nt No..+. With tl'ri'rr cons('nt. tht Wrrt Petition is disposcd ol at the stagc ol admissrorr itsell.
2\ When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the issue raised in the present writ petition is squarely covered by the orders passed by this Court in W.P.No.26085 of 2018, dated 26.07.2018, and W.P.No.6O3O of 2020, dated 20.O4.2O2O.
"+)Irt vicu ol'lht:s:rrlc' irncilor tlrtrc;rsorrs irlrl<c in ll)( ()r(l( r' dirtcrl 26.O7.2O 18. prrsst'cl irr W.P.No.26085 ol' 201E. tltcprL'st rrt Writ Pr'tition is disl:oseri of tlir.clirlg litc rcsllorlclct'rlsto relc:rsc the poutr sultph ro th,:pre.nrisesrll'thc llctitiollcr.sllllit'r'l lrr
2
complianceof the termsand conditions and on furnishing an undertakingto producethe occupancy certilicatefrom the concernedMunicipalCorporation,within a prescribedperiod' and if nosuchoccupancycertilicateis produced withinsuch period, it isopen to the respondents to take appropriate action' in accordancewith lawFurther, this order doesnot preclude theolTicialresponclentsfromrejectingtheapplicationmadeby ti'rc petitioner,if it isfound that the subject propert)r is a vercant 1ancl at-tdno st ructurc is ill cxlstence
'l'Irt: nrisc cllitttct.rr-Ls pctitiotts llcnrlirltil 'rltr":'llallstatlrl t lr.,st cl.f ilt rtsllall llttto Lrrrle: ils Io costs
SD/- N. CHANDRASEKHARRAO ASSISTANTREGISTRAR 6"
,TRUE COPY//
SECTION OFFICER
lrl \bz
HIGHCOURT
DATED:17l03/2022
ORDER
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WP.No.13664of 2022
DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS
$,-
1 issue framed by the court
Whether the writ petition for release of power supply should be disposed of at the stage of admission.
Rakesh K. Patel
Sio Kanti Bhai C. Patel
The State of Telangana
Southern Power Distribution Company Ltd. of Telangana
Greater Hyderabad Municipal Corporation
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
