The High Court disposed of a writ petition seeking a writ of Mandamus for release of power supply without an occupancy certificate by disposing of the matter at the admission stage as the issue was already covered by a prior order dated 11.11.2022 in W.P.No.41259 of 2022.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 12946 OF 2023
Between
Panditi Jyosthna, Dio Pandity Devaraju, W/o Singavaram Sunil Kumar Singh, aged about 34 years, Occ : Housewife, Rl/o H. No. 141217- 2, Sainath Puram, Cuddapah District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ot the 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 Plot No. 106, H. No.8- 3- 976/106, admeasuring 250 sq yards in Sy. No. 96,52, 36, 39 and 40, Situated at Kesava Co- operative Housing Societyt, Shalivahana Nagar, Yellareddyguda, Hyderabad , as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting for occupancy certificate.
1
lA NO: 1 OF 202'3
Petition urrd,:r Serction 151 CPC praying that in the r: 'curtstances slated in the affidavit filec irr support of the petition, the High Cotrtl miry bepleased to direct the 2nd and )nl Respondents to release thepower srtc,ply to the Petitioner building at prem s€ s bearing Plot No. 106, H. No. 8- 3- 97{:i/1ir6, admeasuring 250 sq yards rn Siy No.96, 52, 36, 39 and 40, Situated at '((:sava Co- operative Housing Societyt S halivahana Nagar, Yellareddyguda, Hyd -'rrlbad.
Counsel for the Pe itioner : SRl. B MANOJ KUMAR
Counsel for the Re ;pondent No.'t: GP FOR ENERGY
Counsel for the Re,;pondent Nos.2 & 3 : SRI R VINOD REDI)' SC FOR TSSPDCL
Counsel for the Re: ;pondent No.4 : SRI K SIDDHARTH RACI,liC FOR GHMC
The Court made ;it hr-' stage of following admission: ORDE R
t I
THE HON'BLE SRI JT'STICE MT'MMINENI SUDHEER KT]MAR
U/RIT PETITION No.12946 of2o23
ORDER:
Heard learned counsei for the petitioner, learned Governmcnt Pleader for Energr, appearing for respondent No. 1, Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing for respondent Nos.2 and 3.
2
'-i{,i
di.cr:Li':; r"' rr'sprorrclcrts to rcrcase the powcr supfr F to thc subject pftrmisCs of h,: petitioncr sublcct to petitioner cott ll], ng u,ith thc tcrms and co tr itions ancl on ftrrnishing an underttltin6 to producc thc oc(.ullar cr ccrtificate fr.om thc IVh_tp161p;11 (lorporation cotlcerncrl, u'[]:ln a prescribeci per.iod and i,.no ;rrch occupancy certilicat( is 1> -o luceci within such prescribed !ime, rr_ is r>pen to the respondcr)ts t ) take appropriate action, ln accrtrdarrce with law Thcre sha ll te rr o;-der as to costs.
Mjscel aneous petitions, if any, pending in tl is rvr it petition shall stancl clos ;<1.
$D/.A.V.S.PRASAD ASS S,TANT4EGISTRAR //TRUE COpyil SECTION OFFICER
To,
SB GJP r d
HIGH COUR T
DATED:05101i12023
ORDER
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WP.No.12946 of 2023
DISPOSING CF THE WRIT PETITION AT THI= STAGE OF At)MISSION WITHOUT COSTS
I
2 issues framed by the court
Whether Writ Petition No.12946 of 2023 represents a different issue than W.P.No.41259 of 2022.
Whether the petitioner is entitled to specific relief regarding power supply without an occupancy certificate.
Colour shows how this judgement treated each authority
W.P.No.41259 of 2022Followed¶31
Panditi Jyosthna, Dio Pandity Devaraju
Government of Telangana
Southern Power Distribution Company Ltd.
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
