Allowed

Saanvi Developers v. The Southern Power Distribution Company of Telangana State Ltd.

Telangana HC9 Aug 2023WP/21405/2023

Case brief

AI extract

What is this about?

This order disposed of a writ petition seeking a direction for electricity connections to residential plots without insisting upon an occupancy certificate. The Court observed that the delay in issuance lies with the authority and allowed the connection subject to an undertaking from the petitioner to produce the certificate later.

What did the court decide?

The Writ Petition is disposed of at the admission stage, directing Respondents 1 to 5 to release power supply to the petitioner's premises subject to terms and the petitioner furnishing an undertaking

Saanvi Developers Vs The Southern Power… — Service and Employment | Telangana HC (2023)

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132521

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

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WEDNESDAY, THE NINTH 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: 21405 OF 2023

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Between:

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Saanvi Developers, Rep by its Managing Partner Sudi. Srinivas^{Reddy S/o. S.} Narasimha Reddy Age. 45 years, Occ. Business Rl/o. H.No. 9-96/17l'l , Saanvi Castle, Street No.'1 , Huda Laxmi Colony, Opp. NTR Statue, Boduppal.

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...PETITIONER

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AND

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1.^')The Southern Power Distribution Company of Telangana State Ltd, Rep. by its Chairman and Managing Director having its Corporate office at^{6- 1-50,} Mint Compound, Hyderabad 500063.

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The Superintending Engineer, Operation Habsiguda Circle, TSSPDCL Habsiguda

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The Divisional Engineer, Operation, Habsiguda^{Division, TSSPDCL.}

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The Assistant.Divisional Engineer, Operation Uppal^{Sub-Division, TSSPDCL'}

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The Assistant Engineer, SE/O/RR East AE/OP/Chilka^{Nagar, TSSPDCL.}

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The Boduppal Municipality,^Rep by its Commissioner^{GilkkesarMandal,} Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^filed therewith, the^{High Court maybe} pleased to issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the^respondents1 to^{5 to provideelectricity} connection to the residential building^{in Plot No.38, vide Sale Deed document} No.748612021 dated 13-07-2021, Plot^{No.39 vide sale deed documentNo. 7485} dated 13-07-202't at SRO Narapalli, in^{Sy.No.6,total admeasuring300 Sq.yds} situated at Miyapur Village, Boduppal Munlcipal Corporation,^{Medchal-Malkalgiri} District, and bounded by North. Plot No.^{32, South.Plot No. 40, East. Part of Sy.}

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No. 6 and 11 ra t, \r'/est. 2S" wide road without insis.rng Lrpon occupancy Certrficate from tl e 6th respondent by holding tltat thr: refusal to provrde electricity conneclir n to the above referred premises as illr:q al and arbitrary and pa ss

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lA NO: 1 OF 2023

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Petition unde ' .iection i s1 cpc praying that i,r ther circurnstances stated in the affidavit filed rn support of the petition, the High court may be pleased to direct the responce rl:;^'r to 5 to provide electricity conneclic r to the residential building, in Pkrt No 38, vide sale Deed document N,r. 74t 612olr1 dated .13-072021 , Plot No 39 v ie sale deed document No. 7485 dated^.l i_O7 -2021, at SRO Narapalli, rn Sv No. 6 total admeasuring 300 sq.yds :;ituate d at l,4iyapur Village, Boduppal Municipa c)orporation, Medchal-Malkajgiri Distri:t and bounded by North. Plot No 3:r. )outhPlot No. 40, East. part of sy. No. 6 antr 11 part, west. 25 wide roads /vi rc,ut rnsisting upon occupancy certi'f icate from the 6th respondent.

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Counsel for the Peti ioner : SMT.THAKUR ROOPA SINGH

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Counsel for the Res rondents No.1 to 5 : SC for TSSPDCL

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Counsel for the Res; ,ondents No.6 : SRI B.JAGAN MADHAV RArf , SC FOR MUNICIPALITIE S

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The Court made the ollowing: ORDER

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HON'BLE MRS JUSTICE .CiUREPALLI NANDA

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WRIT PETITI o No.

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ORDER:

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Heard Smt. Thaktrr Roopa Singh, learned Standing Counsel appearirrg on behalf of the petitioner, tearrred Standing Counsel for T$SPDCL, appearing on behalf of respondent Nos.L to 5 and of Sri B.lagan Madhav Rao, learned Standing Counsel for Municipalities appearing on behalf of Respondent No.6.

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PERUSED THE RECOR,D

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The limited relief sought for by the petitioner is a direction to Respondent Nos. 1 to 5 to provide the electricity connection to the residerrtial building, in^plot No.3B, vide S=le Deed document No.7486/202t dated t3.07.2021, and plot No.39 vide Sale [ieed document No.7485, dated t3.07.202t, at SRO Narapalli, in Sy.No.6, total admeasuring 300 sq.yards, situated at Miyaour Village, Boduppal Municipal Corporatiorr, Medchal-Malkajgiri District, and bor-rnded by North: plot No.32; South: Plot No.40; East: Part of Sy.No.Cr and l1 part; West: 25" wide road, without insistinq upon occ(,pancy certificate from the 6th respondent.

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)

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3, tho⁽ a!,e of the petitioner is that reslondor:^N ls.^{1 to 5} cannol stoI the release oF^{power supplyorliy on t.re} 3round^of nori-sLrbnil s f,n of occupancy^{certificate,whictt wal; delayed} by ther ccr:€rned authority^{and the petilioner ; ready and} willing trt sitbmit undertaking to^{prodtrce trrcccupancy} certificatr: rrmediately after^{the receipt of tll(r s.rme. The} petitioner i lacing hardship due to non^{rt:leas;t: lrf the power} supply to tl e^{petitioner'sbuildlng.}

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r,Vhe r t re matter is taken up for hearing, it is s;ubmitted by lear-ned tounsel^{for the petitioner that tlle issu': irvolvedin} this wr-it E,€ -ition is squarely^{covered by tl'e orcer-p,lssedby} this crrurt n w.p.No.14322 of^{2023, datsd c)!r,.)6.:1023and} the sa.rre i: rot disputed^{by the learned Standirrg Counsel for} TSSPDCL,I^)pearing on^{behalf of Responderlt Noi' 1 to 5.} 5. Takin I nto consideration the facts arrd cir:umstances of the case E 1(l the^{submissionsmade b)' botlr the: learned} counsel on record and^{for the reasons eliker ir- tlte above} referred or( e-^{passed by this Court in W.P I{o.11.:22of 2023,} on 09.06 .0:23, the^{Writ Petition is dispost:c o' at the} admissiorl t.rge^{directingrespondentNos;.1 tc Ii trl release} the power^,upply to^{the subject premises of tlte pertitioner's}

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residential building at premises bearing in plot No.38, vide Sale Deed document No.7486/2021, dated t3.07.202L, and Plot No.39 vide Sale Deed document No.7485 dated 13'07'202L, at sRo Narapaili, in sy.No.6, totar admeasuring 300 sq.yards, situated at Miyapur Village, Boduppal Municipal Corporation, Medchal_Malkajgiri District, upon the petitioner, complying with the required terms and conditions as per rules in force, and upon the petitioner furnishing an undertaking to produce the occupancy certificate From the Municipal Corporation coricerned, within a prescribed period and if no such occupancv certiFicate is produced by the petitioner, within such prescribed time, it is open to the respondents to take appropriate action, in accordance to law. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending shall stand

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closed.

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-]-L

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SD/. N. CHANDRA SEKHARRAO ASSISTANT REGISTRAR //rRUE COPYT {/ SECTION OFFICER

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To, 't. The Chairman and Managing Direclor, Southern Power Distribution Company of Telangang-Qlale Ltd, having its Corporate office at 6-1-50, Mint Compound-, Hyderabad 500063.

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