Allowed

M. Sunita Sunita Jain v. The Southern Power Distribution Company of Telangana State Ltd.

Telangana HC11 Aug 2023WP/21714/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition for issuance of writ of mandamus and an interim direction for electricity connection. The petitioner faced hardship due to non-supply pending an occupancy certificate, which the respondent authority delayed. The court directed the release of power supply subject to the petitioner furnishing an undertaking to produce the certificate within a prescribed period.

What did the court decide?

Released power supply to House H.No.2-2-1075/20/A/5, Tilak Nagar X Roads, Hyderabad, subject to petitioner submitting undertaking to produce occupancy certificate within reasonable time.

M. Sunita Sunita Jain Vs The Southern Power… — Service and Employment | Telangana HC (2023)

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HIGH COURT FOR THE SI ,.o"",.,'315,3i 15h3ary3,fli^{ArH YDERA BAD}

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FRIDAY,THE ELEVENTH DAY OF AUGUST rwo rHousAND AND rwerviv iiiii

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITIO N NO: 21714 oF 2023

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Between

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y Sunita Sunita J: p,%"o jI;:L#;'[i"'f ll;ry,-?r.;u,#il?]n,,I*,fi 3!,/i,1"*?:rroj"..Jf"T,,

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AND

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...PET|T|oNER

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1 The Southern power Distributig.lCgmnanV of Telangana 9_tate Ltd, Rep by its 3:fl lffi l.: ?r'r#?:Sg[ % |dt%.j"^{i ri Jiil g' ii.'} ffi ;lil, orrice a t o r s o rir r n t

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2 Iffi"lrf#'"nding^{Engineer,operationGHyD centrar} circre, TSSpDCL

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J Iffi"Lf#ttending^{Engineer,operation GHYD centrar} circre, TSSpDCL

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4 I::' ?:?i^{g,XJ:fi,.ft|*} #J' "ip a I c o rpora tio n, Rep by the Commissioner,

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...RESPONDENTS

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Petition under Article 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue writ order or direction more particurarry one in the nature of wRrr oF MANDAMUS directing the respondent 1 to 3 to provide erectric connection to the house property house bearing H.No.2-2-1075r20rN5, Tilak Nagar X Roads, Hyderabad - 50001 3. Without insisting upon occupancy certificate from 4th respondent by holding that refusal to provide electricity .*r"O,", ," ,;;" referred premised as illegal and abilrary.

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I I iL

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I r.:-. rtr i_1.i:E'"..l-r '^{, "}

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petitron, the High Court may be pleased to direct the respondent authorities to provrde electricity connection to the house property house bearing H No.2-2- 1075 t20lAl5. Tilak Nagar X Roads, Hyderabad - 500013, pending disposal of marn writ petttton and deem fit and proper in the circumstance of the case.

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Counsel for the Petitioner : SRl. DURGA PRASAD .M

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Counsel for the Respondent Nos.1 to 3 : SRI R VINDO REDDY SC FOR TSSPDCL

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Counsel for the Respondent No.4 : SRI K RAVINDER REDDY SC FOR GHMC

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The Court at the stage of admission made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION o.21 7t4of 2023

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ORD ER:

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. Heard Mr.M.Durga prasad, tearned counsel appearing on behalf of the petitioner and Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearang on. behalf of respondent Nos.1 to 3 and learned Standing Counsel appearing on behalf of Respondent No.4/GHMC authority.

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2. PERUSED THE RECORD

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The limited relief sought for by the petitioner is a direction to the Respondents to release the power supply to the Petitioner's house property bearing H.No.2-2_ L075/2O/A/5, Tilak Nagar X Roads, Hyderabad-So0 013 vide permit dated 14.09.202L issued by the GHMC.

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The case of the petitioner is that respondents cannot stop the release of power supply only on the ground of non_ submission of occupancy certificate, which was delayed by the concerned authority and the petitioner is ready and willing to submit undeftaking to produce the oqqup6n6y certificate

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!d{i

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immediately after the receipt of the same. The petitioner is facing hardship due to non release of the power supply to the petitioner's building for the last several months. Hence, the present Writ petition.

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When the matter is taken up for^.hearing, it is submitted by learned counset for the petitioner that the issue invotved in this writ petition is squarely covered by the order passed by this Court in W.p.No.14322 of 2023, dated 09.06.2023 and W.p.No.12588 of 2O2L, dated 02.O6.2021, the same is not disputed by Sri R.Vinod Reddy, learned Standing Counset for TSSpDCL appearing on behalf of Respondent Nos. 1 to 3.

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Taking into consideration the facts and circumstances of the case and the submissions made by both the learned counsel on record and for the reasons alike in the above referred order passed by this Court in W.P.No.14322 of 2023, dated 09.06.2023 and W.P.No,12588 of 2O21, dated O2.O6.ZO2L, the Writ Petition is disposed of at the admission stage ilirecting respondents to release the power supply to the subject

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J_-

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premises of the Petitioner's house property bearing H.No.2-2-1O75/20/Al5, Tilak Nagar X Roads, Hyderabad-SOO O13, 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 concerned, within a reasonable prescribed period as prescribed by the respondents' Authority and if no such occupancy 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,

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there shall be no order as to costs.

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Miscellaneous petitions, if any, pending shall stand closed.

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SD/-A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY// LJ)

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sEcTloN oFF|CER

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To,

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The chairman and Managing Director, southern power Distribution company of Telangana State Ltd, corporate office at 6_.1-50, Mint Compound, Hyderabad, 500063.

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