Allowed

Sri. Bokka Sridhar v. The State of Telangana

Telangana HC18 Aug 2023WP/20973/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court of Telangana directed the Electricity Department to grant a domestic power connection to the petitioner. The court noted the action was discriminatory compared to similarly situated house owners, despite a pending land dispute in another writ appeal.

What did the court decide?

Directing respondents to grant domestic electricity connection to petitioner's house at Ilapur Village, pending final outcome of W.A. No. 116 of 2013.

Sri. Bokka Sridhar Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2023)

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132s21

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 20973 OF 2023

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Betweenl

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Sri. Bokka Sridhar, S/o. B..Suryanarayana, A-ged 31 years, Occ. Private Employee, Rl/o. H. No. 4-4811 , llapur Thanda, Ameenpur Mandal, Sangareddy District.

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...PETITIONER

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AND

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The State of Telanqana, Eep. by its Principal Secretary,^power Et Energy Department, Secreiariat, Hy'Oer5Oad.

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Southem Power Distribution Company Ltd, of Telangana, Rep. by its Chairman-cum-Managing Director. TSSPDCL, Grouhd Floor,'Coiporate Office, Mlnt Compound, Hyderabad.

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Southern Power Dislribution Company Ltd., of Telangana, Rep. by its Superintending Engineer (Operations) Sangareddy District.

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The Divisional Engineer, Operation, DPE, TSSPDCL, Patancheru, Sangareddy Dist

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The Assistant Divisional Engineer (Operations), TSSPDCL, Patancheru Rural, Sangareddy Dist.

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The Tahsildar, Ameenpur Mandal, Sangareddy District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in rejecting the application of the Petitioner for grant of Domestic Power Supply to the House bearing No.448/1 , constructed in 143 Sq.yds, in Sy. No 1'19, situated llapur Thanda, Ameenpur Mandal, Sangareddy District based on the letter of the 6th Respondent as illegal,

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arbitrary, discriminatory, unconstitutional, and violative of Article 14 and 300-4 of the Constitution of India consequently set-aside the same by directing the Respondents 2 to 5 to provide Domestic Electricity connection to tlre Petitioner's House bearing No. 4-4811 , constructed in 1 43 Sq.yds, in Sy. No. 1 19, situated llapur Thanda, Ameenpur Mandal, Sangareddy District.

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lA NO: 1 OF 2023

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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 No. 2 to 5 forthwith to grant Domestic Eledricity Power Connection to the Petitioner's House bearing No. 4-4811 , in Sy. No. 1 19, llapur Thanda, Ameenpur Mandal, Sangareddy District.

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Counsel for the Petitioner : SRI PALLE SRIHARINATH

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Counsel for the Respondent No.'l: GP FOR ENERGY

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Gounsel for the Respondent No.2to5 : R.VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No.6 : GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION o.2O973 ot 2(J23

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ORDER:

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Heard Mr.Palle Sriharinath, learned counse! appearing on behalf of petitioner and learned Government Pleader for Energy appearing on behalf of Respondent No.1, Sri R.Vinod Reddy, learned Standing Counse! for TSSPDCL, appearing on behalf of respondent Nos.2 to 5 and learned Government Pleader for Revenue appearing on behalfgf Respondent No.6.

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2. PERUSED THE RECORD

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3. The petitioner approached the Court seeking the

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relaef as follows:

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""to issue an appropriate writ, order or direction especially one in the nature of Writ of Mandamus, declaring the action of the respondents in rejecting the application of the petitioner for grant of Domestic Power Supply to the House bearing No.4-4811, constructed in 143 sq.yards, in Sy.No.119, situated Ilapur Village, Ameenpur Mandal, Sangareddy District based on the letter of the 6th Respondent as illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14 and 300A of the Constitution of India and consequently to set aside the same by directing the Respondent Nos. 2 to 5 to provide Domestic Electricity connection to the Petitioner's House bearing No.4-48/1, constructed in 143

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Sq.yards, in Sy.No.119, situated Ilapur^Tharrda, Ameenpur Mandal, Sangareddy District."

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The learned Government^pleader for Revenue appearing on behalf of respondent No.6, brings on record the written instructions vide Lr.No.B/546212023, dated O9.OA.2O23 issued by the Tahsildar, Ameenpur Mandal, in particular, paragraph No.2, reads as under:

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"In this regard it is to submit that there is a Writ Appeal No.116/2013 against W.P.No.9510 of 2005 is pending disposal on the file of the Hon'ble High Court and the Court in its order in WAMP. NO.265 of 2OL3, Dated 26.09.2013 has directed the parties or persons, who may be in possession of the subject land, shall not destroy or damage or change the nature and character of the land until passing appropriate orders as;l measure of restitution. "

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Learned Government Pleader submits that in vievr of the fact that the Writ Appeals are pending before this Court in respect of the entire land in Ilapur Thanda of Ameenpur Mandal, Sangareddy District and since there is an order passed by this Court that "there shall not be any structures raised in the said land and the parties or persons sl'rall not

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sN,r

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destroy or damage or change the nature or character of the land" and in view of the said directions, the Tahsildar, Ameenpur Mandal i.e., respondent No.6 herein requested the Assistant Engineer, Electricity Department, Ameenpur i.e., the respondent No.5 not to sanction power for newly constructed houses at Ilapur village, Ameenpur Mandal.

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The learned counsel for the petationer submitted that severa! houses have been constructed in the said area and power supply has been granted to such houses and brings to the notice of this Court the letter of the Sth respondent addressed to the 6th respondent vide letter No.AElOPlPATANCHERU-RURAL/F.No. lD.No.5Ol22-23t dated^2O.O4.2O22 and in^particular, Pargraph Nos.2 and 3 of the said letter read as under:

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"You are also informed that as per the CTCS of the TSSPDCL, the meters already issued cannot be removed forcibly when individuals are residing in the Houses and the due procedure of law has to be followed."

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Accordingly, you are informed that you along with your staff conduct a detailed physical inspection and indicate service connections to be

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removed and also clearly indicate the details of H.No., Sy.No. etc., instead of generalized letter."

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The learned Counsel for the^petitioner submits that it is clear in the above letter dated 20.04.2022, that the respondents have already granted^power connections to several individuals and the petitioner's applicatic,n vide No.NR65823935695, dated 19.07.2023 seeking for Domestic Power supply to the House bearing No. 4-4811, constructed in 143 sq.yards, in Sy.No.119, situated Ilapur Village, Arneenpur Mandal, Sangareddy District has been rejected without any reason.

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When the matter is taken up for hearing, it is submitted by learned counsel for the^petitioner that the issue involved in this writ petition is squarely covered by the order dated 10.04.2023 passed by this Court in W.P.No.7443 of 2(123 and the same is not disputed by the learned Government Pleader for Energy appearing on behalf of Respondent No.1 and Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL appearing on behalf of Respondent Nos. 2 to 5.

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Taking into consideration the fact that^the petitioner has purchased the property and he is also paying house tax to the Gram Panchayat and the petitioner is otherwise eligible for electricity supply, but for the objections of the^{5th respondent,the} respondents have rejected the^{petitioner'sapplication} on the ground that a dispute is^{pending beforethis} Court in respect of the said land, this^{Court opines that} this action of the respondents^appears to^be discriminative as electricity connections^{have been} gaven to several other similarly placed persons. In view of the same, the writ^petition is disposed^{of directing} the respondents to^{grant power} connection to^the petitioner's House bearing No.4-4811, constructedⁱⁿ 143 sq.yards, in Sy.No.119, situated at^{Ilapur Village,} Ameenpur Mandal, Sangareddy District^providedthe petitioner fulfills all other conditions of^power supply and the connection so^{given shall be subiect to final} outcome of the W.A.No.116 of^2O13,

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1O. With these observations, the Wrat petition is disposed of. However, there shall be no order as to

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costs.

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Miscellaneous petitions, if any, pending shall stand

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closed.

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SD/- K. AMMAJI ASSISTANT REGISTRAR //TRUE COPYII <b

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SECTION OFFICER

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To,

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The Principal Secretary, Power Et Energy Department, Secretariat, State of Telangana, Hyderabad.

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2.The Chairman-cum-tVlanaging Director, Southern Power Distribution Company Ltd, of Telangana, TSSPDCL, Ground Floor, Corpomte Office, Mint Compound, Hyderabad.

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The Superintending Engineer^{(Operations),} Southern Power Distribution Company Ltd., of Telangana, Sangareddy District.

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The Divisional Engineer, Operation, DPE, TSSPDCL, Patancheru, Sangareddy Dist

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The Assistant Divisional Engineer (Operations), TSSPDCL, Patiancheru Rural, Sangareddy Dist.

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The Tahsildar, Ameenpur Mandal, Sangareddy District.

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One CC to SRI PALLE SRIHARINATH, Advocate [OPUC]

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Two CCs to GP FOR ENERGY, High Court for the State of Telangana at Hyderabad. [OUT]

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One CC to SRI R.VINOD REDDY, SC FOR TSSPDCL. [OPUC;]

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10.Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI

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11.Two CD Copies.

BSK

HIGH COURT

DATED:1 810812023

ORDER

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WP.No.20973 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Sri. Bokka Sridhar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri. Bokka Sridhar v. The State of Telangana

Case brief

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What did the court decide?

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