Disposed

M/s Sri Kaustubha Housing Projects India Private Ltd. v. The State of Telangana

Telangana HC21 Mar 2022WP/13964/2022

Case brief

AI extract

What is this about?

Writ petition filed seeking mandamus to release power supply. The High Court disposed of the petition at the stage of admission by directing the petitioner to make a fresh application to the authorities without reference to prior conflicting orders.

What did the court decide?

Petitioner directed to submit a fresh application for release of power supply within four weeks, without reference to previous proceedings of Respondent No.6.

M/s Sri Kaustubha Housing Projects India Private… — 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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N/ONDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A,ABHISHEK REDDY

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WRIT PETITION NO: 13964 OF 2022

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Between:

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I//s Sri Kaustubha Housing Projects lndia Private Ltd, Rep. by its Managing partner Sri Leelavathamma Meduri W/o Late Sri Meduri Reddeppa, Aged about 68 years, Occ: Business, R/o. 3-161-21-'1 , Gangammma Gudi Street, B.K. Palli, l/adanapalle, Chittoor, Andhra Pradesh - 517325.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad-50022.

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The Southern Power Distribution Company of Telangana Ltd,(TSSPDCL), Rep. by its [/anaging Director, |,4int Compound, Hyderabad, Telangana.

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Southern power distribution company Ltd, of Telangana Represented by its Superintrnding Engineer, operations, tvledchal Circle, Office at Gunrock, Secundrabad.

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The Southern Power Distribution Company of Telangana Ltd,.(TSSPDCL), Rep. by its Divisional Engineer (Operation), lvledchal Division, I,4edchal, Telangana.

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Southern powerdistribution company Ltd, of Telangana Represented by its Addl. Assistant Engineer, Operations Pragathi Nagar, Office at Mallampet, lvledchal l.'lalkajgiri District.

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The Dundigal lvluncipality, Rep. by its commissioner, Mallampet, Dundigal, tVed cha l-lr/a lkajgiri.

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...RESPONDENTS

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Petition under Article 226 oI Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Courl may be pleased to issue an appropriate writ, directron or order, more particularly one in the nature of Writ of lvlandamus, declaring the action of the Respondents authorities more particularly Respondent Nos 4 & 5 authorities in refusing to release the power supply vide rejection letter Reference No. LT1VI226480175,

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dated 1110312022 to the petitioners premises bearing plot Bearing Nos,38,39, Block-A, admeasuring 534 sq Yards or 446,424 sq Mtrs, Survey Nos. 27 and 38, K.V.R Valley, Mallampet Vilrage, Grampanchayat, Du ndiga r-Ga nd ima isa mma Mandal, Medchal- Malkajgiri, TS, orally refusing on the ground that Respondent No.6 has issued orar directions to not release the power supply for illegar construction as illegal, arbitrary, without any jurisdrction, contrary to the provisions of electricity Act 2003 and violate of Article i 4 of the constitution of lndia and consequently direct the Respondents Nos.4 and 5 authorities herein to release the power suppry to the petitroner property bearing prot Bearing Nos. 38'39' Block-A, admeasuring 534 sq yards or 446.424 Sq Mtrs, survey Nos.27 and 38, K.V.R Valley, Mallampet Village, Grampanchayat, DundigalGandimaisamma Mandal, Medchal- Malkajgiri, TS, without reference to orar directions issued by respondent no.6.

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lA NO: 1 OF 2022

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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 authorities more specifically respondents 4 and 5 authorities herein to release the power supply to the petitioners property bearrng PIot Bearing Nos. 38,39, Brock-A, admeasuring 534 Sq yards or 446 424 Sq N. his, Survey Nos.27 and 38, K.V.R Valley, Ir,4allampet Village, Grampanchayat. Du nd igal-Gand imaisamma Mandar, Medchar- rr,4arkajgiri, TS, without reference to oral directions issued by the 6th Respondent pending disposal of the main writ petition.

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Counsel for the Petitioner : SRl. KANOURI KOUSHIK

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Counsel for the Respondent No.1 : Gp FOR ENERGY

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Counsel for the Respondent Nos. 2 to 5 : SRI R VTNOD REDDY

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Counsel for the Respondent No.6 : SRI N pRAVEEN KUMAR

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The Court at the stage of admission foilowing : ORDER

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THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY

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ORDER:

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WRIT PETITION No .L3964 of 2022

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Heard learned counsel for the petitioner, learned Government Pleader for Energ, appearing for respondent No.1, Sri R. Vinod Reddy, learned Standing Counsel appearing on behalf of respondent Nos.2 to 5, and sri N. praveen Kumar, learned Standing Counsel appearing on behalf of respondent No.6. With their consent, the present Writ petition is being disposed of at the stage of admission itself. 2) In this writ petition, the petitioner is aggrieved by the action of the respondents, more particularly respondents 4 & 5, in refusing to release the power supply to the premises of the petitioner i.e., plot Nos.3g & 39, Block-A, admeasuring 534 sq.vards <>r 446.424 sq.meters, Survey Nos.27 & 38, K.V.R. Valley, Mallampet Village Gram panchayat, DundigalGandimaisamma Mandal, Medchal _ Malkajgiri. 3) Learned counsel for the petitioner submits that the respondent authorities have refused to release the power supply to the subject premises belonging to the petition er uide refusal letter No.LTM226480IZ5 dated 1 1.03.2022. -

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Learned Standing Counsel^{for respondent Nos'2 to 5, on} instructions, has stated^{that basing on the letteraddressed by} respondent No.6^{uideLr.No.NMC/G} l03l2020^{dt.i4'052020,} power supply to the^{petitioner'spremises was refused to be} released. He further^{submitsthat if the petitionermakes an} application, again, the^{authorities will receive the sameand} pass necessary orders thereon,^{as per law.}

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In view of the above^{made submissions,the petitioner is} directed to submit^{a fresh applicationbeforerespondentsNos'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 referencc to thc} proceedings No.NMC/G/03 I 2O2O^{dt. 14.05.2020 of respondent} No,6, as expeditiously^{as possible, preferably,within a periodol} four weeks from the date^{of receipt of a copy of this order'}

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Accordingly, the^{Writ Petitionis disposed ofNo orderas} to costs.

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Consequently, miscellaneous^{petitions pending, ifany'}

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shall stand closed.

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SD/-T.KRISHNA KUMAR ASSISTANT REGISTRAR ,TRUE COPY// G SECTION OFFICER

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To, 1. The Principal Secretary, Power and Energy Department, Secretariat, State of Telangana, Hyderaba d-50022.

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The [t4anaging Director ,Southern Power Distribution Company of Telangana Ltd,(TSSPDCL), Mint Compound, Hyderabad, Telangana.

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The Superintrnding Engineer, Southern power distribution company Ltd, of Telangana, Operations, Medchal Circle, Office at Gunrock, Secundrabad,

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The Divisional Engineer (Operation), Southern Power Distribution Company of Telangana Ltd,.(TSSPDCL), its tvledchal Division, l,4edchal, Telangana.

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The Addl. Assistant Enginccr Operations ,Southern^powerd istribution company Ltd, of Telangana Pragathi Nagar, Office at [t4allampet, tr/edchal lt4alkajgiri llistrict.

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The its^{commissioner, Dundigallvuncipality,lVlallampet,Dundigal' Medchal-} lMalkaigiri.

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?. o;; dc to^{sRl. KANDURIKousHlK, Advocate'toPUCl}

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B o;; cc^{to sRtR vlNoDREDDY, Advocate toPtrrcl}

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g. On" CC to SRI N PI{AVEEN^{KUMAR'Advocate'[OPUC]}

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io i*o ccs to^{Gp FOR ENERGy,Highcourt for the state of relanganaat}

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Hyderabad. [OUT]

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1 1 . Two CD^CoPies 12.One SPare^CoPY SB S \I \F

HIGH COURT

DATED:21 10312022

ORDER

WP.No.13964^{of 2022}

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a ,rc- S I A; 1-: c:<
tot' <br>+
.J 0 4 APH zii:z

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DISPOSING OF THE WRIT^PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS.

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A
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M/s Sri Kaustubha Housing Projects India Private Ltd. v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M/s Sri Kaustubha Housing Projects India Private Ltd. v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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