Disposed

M. Srinivasa Rao v. The Southern Power Distribution Company of Telangana State Ltd.

Telangana HC22 Aug 2023WP/23003/2023

Case brief

AI extract

What is this about?

Petitioner sought writ direction to supply electricity to premises without occupancy certificate. Court disposed petition in admission stage directing supply upon compliance with terms and undertaking to produce certificate later.

What did the court decide?

Directed respondents to release power supply subject to petitioner complying with terms and furnishing undertaking to produce occupancy certificate within prescribed period.

M. Srinivasa Rao Vs The Southern… — Constitutional and Fundamental Rights | Telangana HC (2023)

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

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{32521

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TUESDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND N/VENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 23003 OF 2023

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Between:

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M. Srinivasa Rao, S/o. M. Rama Rao, Age. 53^years. Occ Business, R/o. PIot No.63 and 64, 8-3-677163 and 64, Sri Krishna Devaraya Nagar, Yellareddyguda, Hyderabad.

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..PETITIONER

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AND

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'l . 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 Supeiintendin! Engineer, Operation Banjara^Hills Circle,^{T S S P D C L} G T.S. Colony, Yousufguda, Hyderabad.

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3 The Divisiona'l Engineel (Comml), Operation Banjara^{Hills Division, T S S P D} C L, G.T S Colony, Yousufguda, Hyderabad

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The Assistant Divi'sional Engineer, Operation Ameerpet Sub-Division,^{T S S P} D C L, G TS Colony. Yousufguda, Hyderabad

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5 The Assistant Engineer, SE/OP/GHYD NORTH^{AE AMEERPET10,} TSSPDCL

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The Greater Hyderabad Municipal Corporation,^{Rep.by the Commisstoner,} Near Tank Bund, Hyderabad.

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...RESPONDENTS

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Petitron under Arlicle 226 of the Constitution of lndia^{praying that in the} circumstances stated in the affidavit^{filedtherewith,} the^{High Court may be} pleased to issue writ order or direction more particularly one in the^{nature of WRIT} OF MANDAMUS directing the respondents¹ to⁵ to^{provideelectricityconnection} to the resrdential building, Plot No. 63, vide document^{No. 266712022 dated} 1810412022 at Joint SRO Banjara Hills^(R.O), the house^{bearingNo. B- 3 -677163'} in Survey No. 104, admeasuring 300 Sq.yds., and^{Plot No.64,videdocumentNo.} 193612022 dated 14-03-2022 at Joint SRO Banjara Hills^{(R,O) the housebearing} No. 8-3-677164, in Survey No. 104, admeasuring^{267 Sq.yds., situated at Sri} Krishna Devaraya Nagar, Yellareddyguda, Hyderabad.,^{total admeasuring567} Sq.yds, and bounded by North:^Plot No.42. South:^{40'wideroad. East: Plot No.62}

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. West: Plot No.65. Without insrsting upon occupancy Certificate from the^6th respondent by holding that the refusal to provide electricity connection to^the above referred premises as illegal and arbitrary.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated^rn the affidavit filed in support of the petition, the High Court may be^pleased to direct the respondents 1 to 5 to provide electrrcity connection to the residential building, Plot No. 63, vide document No 266712022 dated 1810412022 at Joinl SRO Baniara Hills (R.O), the house bearing No 8-3-677163, in Survey No. 104, admeasuring 300 Sq.yds., and PIot No. 64, vide document No. 193612022 dated 1410312022 al Joint SRO Banjara Hills (R O) the house bearing No. 8-3-677164, in Survey^No. 104, admeasuting 257 Sq.yCs.. situated at Sri Krishna Devaraya Nagar, Yellareddyguda, Hyderabad.. total admeasuring 567 Sq.yds, and bounded by North: Plot No.42. South. 40' wide road East: Plot No.62. West: Plot No.65. Without insisting upon occupancy certifrcate from the 6th respondent^pending drsposal of main writ petition and may deem fit and^propertn the crrcumstance of the case.

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Counsel for the Petitioner: SRI M.DURGA PRASAD FOR SMT. THAKUR ROOPA SINGH

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Counsel for the Respondent Nos.1 TO 5: SRI R.VINOD REDDY, SC FOR TSSPDCL 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 N o.23OO3 of 2023

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ORDER:

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Heard Mr.M.Durga Prasad, learned counsel appearing on behalf of the petitioner and Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing 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 residential building Plot No.63, vide document No.2667/2022 dated 18.04.2022 at loint SRO Banjara Hills(R.O), the house bearing No.8-3-677/63, in Survey No.104, admeasuring 300 sq.yards., and Plot No.64, vide document No.t936/2022, dated 14.03.2022 at loint SRO Banjara Hills(R.O) the house bearing No.8-3-677 /64, in Survey No.104, admeasuring 267 sq.yards, situated at Sri Krishna Devaraya Nagar, Yellareddyguda, Hyderabad., total

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admeasuring 567 sq.yards, and bounded by North:plot No.42; South:40 wide road; East:plot No.62; West:plot No.65, without insisting upon occupancy certificate from the 6th respondent by holding that the refusal to provide electricity connection to the above referred premises is illegal and arbitrary.

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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 undertaking to oroduce the occupancy certificate 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 as taken up for hearing, it is submitted by learned counsel for the petitaoner that the issue involved in this wrat petition is squarely covered by the order passed by this Court in W.p.No.2lgg0 of 2023, dated L4.O8.2O29, the same is not disputed by Sri

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R.Vinod Reddy, learned Standing Counsel 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 reasoris alike in the above referred order^passed by this Court in W.P.No.2189O ot 2023, dated 14.O8.2023, the Writ Petition is disposed of at the admission stage directing the respondents to release the power supply to the subject premises of the Petitioner's residential building Plot No.63, vide document No.2667 /2(J22 dated L8.O4.2O22 at Joint SRO Banjara Hills(R.O), the house bearing No.8-3-677/ 53, in Survey No.1O4, admeasuring 300 sq.yards., and Plot No.64, vide document No.1936/2O22, dated L4.O3.2O22 at Joint SRO Banjara Hills(R.O) the house bearing No.a-3-677/64, in Survey No.1O4, admeasuring 267 sq.yards, situated at Sri

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Krishna Devaraya Nagar, Yellareddyguda, Hyderabad., total admeasuring 567 sq.yards., upon the petitioner, complying with the required terms and conditions as

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per rules in force, and upon the^petitioner furnishing^an undertaking to^produce the occupancy^{certificatefrom} the Munacapal Corporation concerned,^withina ieasonabte prescribed^period as^prescribed by^the respondents' Authority and af no such^occupancy certificate is produced by the^{petitioner withinsuch} prescribed time, it as open to the respondents to take appropriate action, in accordance to^law.

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ts With these observations, the Writ^petition

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disposed of. However, there shall be^{no order as to} costs.

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Miscellaneous^pe_tltions, if any,^{pendingshall stand closed.} SD/-RKARTFRKEYAN-' ASSISTANT^REGISTRAR / //rRUE coPY// ,.lP,oN oFFrcER^I

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To 1. The Chairman^{and Managing Director ha-ving its Corporate office at 6 -l -50'} ' sJ"rtn'Jr'i'.*"i oi.ttiuriion"c-ompany of re"tangana state^{Ltd' Mint} ComPound,^{HYderabad 500063'}

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