Allowed

Narra Babu Rao and 4 others v. The State of Telangana and 6 others

Telangana HC27 Apr 2022WP/21600/2022

Case brief

AI extract

What is this about?

This order in a writ petition held that power supply authorities cannot reject an application solely on the basis of a letter from another department. The court set aside the rejection letter and directed the authorities to consider the petitioner's fresh application on its own merits within four weeks. No fines or advocates were used in this text.

What did the court decide?

The impugned rejection letter is set aside. Petitioners directed to submit a fresh application before Respondents No.4 and 5 for release of power supply, to be considered within four weeks without ref

Narra Babu Rao and 4 others Vs The State of Telangana and 6 others — Telangana HC (2022) — LawSathi Research

¶1

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

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WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL 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:21600 OF 2022

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Betwee n:

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Narra Babu Rao, S/o N. Surya Narayana,^{aged about 41 years, Occ} Business, R/o H.No.4-13,A, Ganapavaram,^{Rajupalem, Guntur.} Gunturu Venkata Rao, S/o G. Jagannadha^{Rao, aged about43 years,Occ} Business, RioH.No.4-96,^lr,4adala, Muppala,^Guntur

¶8

lvledikonda Rajesh, S/o Ir,4. Krishna Rao, aged about^{35 years,O_cc Business,} R/o Plot No.7d3, Huda Mayuri Nagar, Serilingampally^{Mandal, RangaReddy} District.

¶9

Kotapati Pichaiah Choudary, S/o^{K. Subba Rao, aged about 60 years,Occ} Business, Fl/o H.No.11-10-l^{19/8, Vilaypuri Colony,Kothapet,Saroornagar,} Hvderabad.

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( Y6lavarthi Chaitanya, S/o Y. Srinivas, aged about^{28 years, OccBusiness,} R/oH.No.23lC,WesternHills,Kukatpally,Hyderabad. ...pETlTtoNERS

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AND

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

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Soirthern Power Distribution Company^{Limitedof Telangana, Rep. by its} Chairman and Managing Director, Office at^{IVlint Compound, Hyderabad}

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J. Southern Power Distiibution Company Limited of^{Telangana, Rep. by its} Superintending Engineer^{(operations),} Medchal^{Circle, Medchal.}

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Southern Power Distribution Company Limited^{of Telangana, Rep. by its} Divisional Engineer^(Operation), Jeedimetla, Medchal^{Circle, Medchal}

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Southern Power Distribution Company Limited^{of Telangana, Rep. by its} Assistant Engineer (Operations), Pragathinagar, Ivledchal^{Circle, Medchal}

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b. Southern Power Distribution Company Limited^{of Telangana, Rep. by its} Assistant Divisional Engineer^{(Operations),} Jeedimetla,^{Medchal Circle,} IVledchal.

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The Nizampet Municipal Corporation, Rep. by its Commissioner,^lr/edchal Malkajgiri District ...RESpoNDENrs

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Petition under Article 226 ol the Constitution of lndia^{praying that in the} circumstances stated in the affidavit^{filed therewith, the High Court maybe} pleased to issue a Writ, order or directron more^particularly one in the nature^of Writ of Mandamus by declaring the action of the^{Respondents authorities more} particularly Respondent No.4 and 5 authories in refusing to release the^power supply vide rejection letter Reference No. LTM226480035,^{dated 08.01.2022 to}

¶20

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the petitioner's premises bearing plot Nos.1 3g and 1 39, (each plot admeasuring 266.66 sq yards) total admeasuring 533.33 sq yards in Sy.Nos.174, 175, 176 and 177, Situated at Mallampet Village, Dundigal-Gandimaisamma tr,4andal, Dundigal Municipality, Arledchal-l\zla lkajg iri District, on the ground of letter reference No.NMC/G/03/2020 dated 14losl2o2o issued by the Respondent No.6 (not to release the power suppry for ilegar construction) as i egar, arbitrary, without any jurisdiction, contrary to the provisions of electricity Act 2003 and violative of Article 14 of the constitution of lndia and consequen y direct the Respondents No.4 and 5 authorities herein to release the power supply to the petitioner property bearing Plot Nos.138 and 139, (each prot admeasuring 266.66 sq yards) totar admeasurrng 533.33 sq yards in Sy.Nos.i74, 1zs, 176 and 177, situated at Mailampet Viilage, Dundigal-Gandimaisamma Ir,4andal, Dundigal Municipality, Medchal-l,4alkajgiri District, without referring to letter reference No.NMC/G/O3/2020 dated 14losl2o2o issued by the 6th Respondent

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IANO:1OF2 022

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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 & s authorities herein to release the power supply to the petitioner property bearing prot Nos.13g & 139, (each plot admeasuring 266.66 sq yards) totar admeasuring 533.33 sq yards in Sy.Nos.174, 175, 176 & 177, Situated at Mallampet Village, Dundigat_ Gandimaisamma [/andar, Dundigar Municiparity, Medchar-Markajgiri District without referring to letter reference No. NlvciG/O3 l2o2o dated 14105/2020 issued by the 6th Respondent pending disposal of the maln writ petition Counsel for the Petitioner: SRt HARI KISHAN KUDIKALA

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Counsel for Respondent no. 1: Gp FOR ENERGy

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Counsel for Respondent Nos. 2 to 6: SRI R. VINOD REDDY,

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SC FOR TSSPDCL

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Counsel for Respondent No. 7: SRI N. PRAVEEN KUMAR, SC FOR MUNICIPALITIES

¶28

The Court made the following: ORDER

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¶30

THE HON'BLE SRI ]USTICE A. ABHISHEK REDDY WRIT PETITION No.21600 of 2022

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OI{DER:

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Heard learned counsel for the petitioners, learned Government Pleader for Energy appearing for respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel appearing for respondent Nos.2 to 6, and Sri N. Praveen Kumar, learned Standing Counsel appearing for respondent No.7. With their consent, the present Writ Petition is being disposed of at the stage of admission itself.

¶33

In this writ petition, the petitioners are aggrieved by the action of the respondents, more particularly respondent Nos.4 and 5, in refusing to release the power supply to the petitioners' premises bearing Plot Nos.138 & 139 (each plot arlrneasuring 266.66 sq.y ards) total admeasur.ing 533.33 sq.yards in Survey Nos.174, 775, 176 & 777, situated at Mallampet Village, DundigalCandirnaisamma Mandal, Dur.rdigal Municipality. Medchal-Malkajgiri District. 3) Learned counsel for the petitioners submits that the respondent authorities have refused to release the power supply to the subject premises belonging to the petitioners oide refusal letter No.LTM226480035, dated 08.01.2022.

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Learned Standing Counsei appearing for respondent Nos.2 to 6, on instructions, has stated that basing on the letter uide No.NMC/ G/ 03/ 2020 d.ated 74.05.2020, power supply to the premises of the petitioners was refused to be released. He further submits that if the petitioners make an application, again, the authorities will receive the same and pass necessary orders thereon, as per law.

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This^{Courthas timeand again reiterated that the authoritiesconcerned} 5) have^{to consider the applicationfor power connection on its own meritsafld} should^{not be inJlue.cetl by a.y letter/communication madeby some other} department.^{The authorities cannotsimplyrefuse/rejectthe applicatior-r for} powel'^{connectior-rbasedon the lettersaddressecl bv other departmentHeads'} In view^{of the above maclesubmissions and the law laid down bv this} 6) Court,^{the impugnedreiectionletteris set asideand tl-re Petitioners are directedto} submit^{a fresh applicationbefore respondentsNos'4 and 5 seekingreleaseof} power^{supply to the subiect premises'whichshall be received by the authorities} and necessary^{orders be passedthereor"strictly as per law' without relerenceto} the letter^{No'NMC/G/O3/2020dated14052020' as expeditiously as possibie'} preferably,^{withina period of four weeks from the date of receipt of a copy of this} order

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Tl-rere^{shall be lro orc{er as to} The writ^{petition is, accordingly' allowed} 7) costs.

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if arr),,^{shall stanr-lclosctl'} Consequently,^{misceilaneouspetitionspenclit'tg'} Sd/. B. B.

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Sd/. B. B.^SATYAVATHI ASSISTANT^REGISTRAR ( t'., //TRUE^COPY// SECt'ION^OFFICER

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To, 1. The Principal^{Secretary, Powerand Energy Department'State of Telangana} 2. :tr*.f{?iilffi^{#h"'.:*ri,::l%;}?",1!ni:rii[+:3:T':'l':":.":0""'} e i n e 5^{u p e ri nten oI n o} -^{e n oi n e"er't o n;} :t["i'ii!':. ",:U : :' :- : ::: " "

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1. ?f; Limited IEilI,.iTl'Efulf of^{Telangana, qt"f,trEf Jeec} ::V,::,.gla['.:fit'.';5'"tioncompanv

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The Assistant Engineer^{(operations), southern Power Distributioncompany} - Limited of Telang-ana, Piaiathinagar, Medchal Circle, Medchal

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ihe Assistant^{DivisionalEigineei(operational),Southern Power Distribution} - Company Limited of Telangina, Jeiedimetla, Medchal Circle, Medchal' Z. ine 6onimissioner, Nizam"pet^{Municipal Corporation, I/edchal Malkajgiri} District

¶45

B. One CC to Sri Hari Kishan^{KudikalaAdvocate} IOPUCI

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f . i*o CCt to Gp For^{Energy, High Court for thsStateof Telangana[OUT]}

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i O. One CC to Sri R. Vinod^{R;ddy,-SCfor Telangana State Southern Power} Distribution Corporation Limited^(OPUC)

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11 . One CC to Sri N. Praveen^{Kumai,SC for Municipalities(OPUC)}

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12.Two CD Copies

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13.One Spare Copy

MBC

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HIGH CO RT

AAR,J

DATED: 2710412022

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ORDER

¶57

WP.No"21600 of 2022

¶58

DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

¶60

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Narra Babu Rao and 4 others v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Narra Babu Rao and 4 others v. The State of Telangana and 6 others

Case brief

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