Allowed

Saraswathi Sheri v. Telangana State Southern Power Distribution Company Limited

Telangana HC16 Aug 2023WP/22014/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition at the admission stage, directing the power distribution company to release an individual service connection to the petitioner within four weeks, subject to pending litigation in a related batch of petitions. No order was made as to costs.

What did the court decide?

The writ petition was disposed of at the admission stage directing the respondents to release the individual service connection to the petitioner within four weeks from the date of receipt of this ord

Saraswathi Sheri Vs Telangana State Southern Power… — Service and Employment | Telangana HC (2023)

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IN THE HIGH^{COURTFOR THE STATE OF TELANGANA} AT HYDERABAD (SPecial Original^{Jurisdiction)}

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WEDNESDAY,^{THE SIXTEENTHDAY OF AUGUST} . TWOTHOUSANDANDTWENTYTHREE

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PRESENT

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THE HONOURABLE^{MRS JUSTICESUREPALLI NANDA}

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WRIT PETITION^{NO:22014 oF 2023}

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Between:

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Saraswathi^{Sheri, Wo. Sheri Balreddy Agq,..3/years' Occ House wifeR/o' -Plot No'} iil:"sDv r.riiivir,^{rrisnna-doiJni,xaitnv"'Nasar, New Hafeezpet,Miyapur,} Seriiingampally,'Ranga^{Reddy District'}

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...PETITIONER

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AND

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1 JTelanoana State Southern Power Distribution.^{CompanyLimited'} -^Vidyuth 'i[,iii.,',i t""'i,r'iis;;' [i;d',b; R;p - -bv its ctiairriran-cum-Managins Director.

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2 The Superintending^{Engineer, Telangana. State Southern PowerDistribution} ' d;;;[y ti.it"o, Viavrin Soudha' S-omajisuda, Hvderabad'

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The Divisional^{Engineer, Operation, Kondapur' TSSPDCL'}

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The Asst.^{Divisional Engineer, Operation, Kondapur' TSSPDCL'}

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The Assistant^{Engineer, SE/OP/GHYD,East AE OP' Allapur' TSSPDCL'}

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6GreaterHvderabadMunicipalCorporationCircle20,Rep.byits Commissiorier.^{Tank Bund Road, Hyderabacl'}

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...RESPONDENTS

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Petition under^{Article 226 of the Constitutionof lndia praying that in the} circumstances^{statedin the affidavit filed therewith'the High Courtmay be} pleasedtoissueitawritorderordirectionmoreparticularlyoneinthenatureof WRIT OF MANDAMUS^{declaringthe action of the respondents1 to 5 in not} receiving the^{application form and releasethe.individual service connection to} the petitioner,^{the part of Plot No 4T, in Survey No ll119' 11120' and 1112198'} admeasuring^{100.00 sq yards, out of 250'00 Sq yds' situatedat Khanamet} Village, Serilingampally^{Mandal, Ranga Reddy District' and bounded by North'} 40 feet wide^{road. South.Fart of plot No 4T East' 33 feet wide road West. Part}

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ofpIotNo,4T'asillegal,null,void,arbitraryandconsequentlydirectthe respondents to receive application^{and releasethe power supply withoutbeing} influenced by the instructions^{of the 6th respondent.}

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lA NO: 1 OF 2023

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Petition under section^{151 CPC prayingthat in the circumstances stated} in the affidavit filed^{in supportof the petition' the High Cou(may be pleased to} dir.ect the respondents^{1 to 5 in not receivingthe application and releasing the} individual service^{connection to the petitionerthe part of Plot No. 47, in Survey} No11/19,11t2O,and11t21g8.admeasuring10000sqyards,outof25000 Sq yds, situated^{at KhanametVillage,SerilingampallyMandal, Ranga Reddy} District, and bounded^{by North. 40 feet wide road. south Part of plot No.47.} East. 33 feet wide^{road.West. Part of plot No. 47'}

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Counsel for the Petitioner^{: SRI THAKUR ROOPA SINGH}

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counsel for the Respondent^{No.1to5:SRI R.VINOD REDDY, SC FORTSSPDCL} Counsel for the Respondent^{No.6 : SRI M.A.K.MUKHEED,SC FOR GHMC} The Court made the^{following:ORDER}

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION o.220L4 0F 2023

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ORDER

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Heard learned counsel for the petitioner, Sri R.Vinod Reddy, learned Standing Counse! for TSSPDCL appearing on behalf of respondent Nos.l to 5 and Sri M.A.K.Mukheed, learned Standing Counsel for GHMC appearing on behalf of respondent No.6.

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The petitioner approached the Court seeking the prayer as follows:

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"To issue it a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 1 to 5 in not receiving the application form and release the individual service connection to the petitioner the part of Plot No.47 in Survey No.11/19, ll/20 and 17/2198, admeasuring 100.00 sq yards out of 250.00 Sq yds situated at Khanamet Village, Serilingampally Mandal Ranga Reddy District and bounded by North: 40 feet wide road; South: Part of plot No.47i East: 33 feet wide road; West: Part of plot No.47 as illegal null void arbitrary and consequently direct the respondents to receive application and release the power supply without being influenced by the instructions of the 6th respondent and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of lustice.^"

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It is represented by both learned counsel for the petitioner and learned Standing Counsel appearing on behalf

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of respondent Nos.1 to 5 that the subject issue in the present writ petition is squarely covered by the order of this Court dated 27.07.2023 in W.P.No.20050 of 2023.

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Bringing the said submission of both the learned counsel on record, the writ petition is disposed of at the admission stage directing the respondents to release individual service connection to the petitioner's subject property within a period of four (04) weeks from the date of receipt of copy of this order, subject to the petitioner fulfilling other formalities and conditions stipulated by fSSPDCL. The service connection so released shall be subject to further directions that may be issued by the State of Telangana or the Hon'ble Apex Court in the litigation pending before it arising out of the order dated 12.09.2072 in W.P.No.204O7 of 2008 and batch. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ

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Petition, shall stand closed.

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SD/-T. TIRUMALA^DEVI ASSISTANT^REGISTRAR rrrRUE COPY/' aEcTtoN #r,"r*

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To, 1 The Chairman-cum-Managing^{Director, Telangana.State SouthernPower} o',.i|.ioiriil|.i'Corprnv^{ri.itl"i]vuv,iti Sb'ar'i' Somaiiorrda Hvderabad'} 2 rhe suoerinteno, nq tnq^{rneJi i;'d;;r;6i;itso'ff'""* Power Distribution} c;;;;y ii;ii"o, Viovrin^{Soudha,S-omaiisuda,Hvderabad} 3 ine briiionrt Engine6r,^{operationKonda'pur TSSPDCL}

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