Dismissed

Daka Srinivasula Reddy v. The State of Telangana

Telangana HC16 Nov 2023WP/27168/2023

Case brief

AI extract

What is this about?

The Telangana High Court dismissed a writ petition filed for a declaration that the refusal to grant power supply was illegal and arbitrary. The Court held that the petitioners had not approached with true facts, failed to implead the Municipal Corporation whose order was the basis of rejection, and did not demonstrate compliance with construction permissions.

What did the court decide?

Writ petition was dismissed with no costs awarded; miscellaneous petitions closed.

Daka Srinivasula Reddy Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[³³⁰⁰ I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY,THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENW THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 27168 OF L023

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Between:

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Daka Srinivasula Reddy, S/o Daka Rami Reddy, aged about 29^years, Occ. Business, Rl/o H.No.2-11, Raparla, Prakasam District.

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Venkata Mastan Redy Daka, S/o Rami Reddy Daka, aged about 30^years, Occ. Business, Ryo Flat No.406, Janapriya Arcadia, B-Block, 4th Floor, Phase-ll,Kowkoor,MedchalMandal,Secunderabad.

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...'ET,T,ONERS

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AND

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1 . The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad.

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Southern Power Distribution Company Limited of Telangana, Rep. by its Chairman and Managing Director, Office at Mint Compound,^Hyderabad.

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Southern Power Distribution Company Limited of Telangana, Rep. by^its Superintending Engineer (operations), Medchal Circle, Medchal.

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Southern Power Distribution Company Limited of Telangana, Rep. by its Divisional Engineer (Operation), Kukatpally, Kukatpally Division, Medchal-

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Southern Power Distribution Company Limited of Telangana, Rep. by its Assistant Engineer (Operations), Miyapur, Medchal Circle, Medchal.

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Southern Power Distribution Company Limited of Telangana, Rep. by^its Assistant Divisional Engineer (Operations). Miyapur, Medchal Circle, Medchal.

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The Grampanchayat of Mallampet, Rep. by its Secretary, Mallampet Mandal, Quthbullapur, Medchal-Malka.lgiri District.

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...RES'ONDENTS

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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 more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents authorities more particularly Respondent No.4 and 5 authorities in refusing to release the power supply vide rejection letter Reference No. LTM2364E0195, dated²⁷ .09.2023 to the petitioner's^premises bearing Plot Nos.141 and 116, admeasuring 534^sq yards in sy.Nos.200, 205, 212, 250, 249, 254, 252, 203, 204, 248, 251, Situated at Sri Balaji Enclave, Mallampet Village, Dundigal-Gandimaisamma^Mandal,

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Medchal-Malkajgiri District, on the ground of letter reference No.NMC/G/03/2020 daled 14lOSl2O20 issued by the Nizampet Municipal Corporation (not to release the power supply for illegal construction) as illegal, arbitrary, without any jurisdiction, contrary to the provisions of electricity Act 2003 and violative of Article 14 of the Constitution of lndia and consequenfly direct the Respondents No.4 and 5 authorities herein to release the power supply to the petitioner property bearing Plot Nos.141 and 1'16, admeasuring 534 sq yards in sy.Nos.200, 205, 212,25O, 249, 254, 252,203, 204, 248,251, Situated at Sri Bataji Enctave, Mallampet Village, Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District, without referring to tetter reference No.NMC/G/03/2020 dated 14tost2o2o issued by the Nizampet Municipal Corporation

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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 authorities more specifically respondents 4 & 5 authorities herein to release the power supply to the Petitioner property bearing plot Nos.141 and 116. admeasuring 534 sq yards in sy.Nos.200, 205, 212, 2SO, 249. 254. 252. 203, 2O4, 248, 251, Situated at Sri Balaji Enclave, Mallampet Village. DundigalGandimaisamma Mandal, Medchal-Malkajgiri District without referring to letter reference No. NMC/G/0312020 dated 14l0St2O2O issued by the Nizampet Municipal Corporation pending disposal of the main writ petition

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Counsel for the Petitioner: SRl. L. VTSHNU PRASAD

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Counselforthe Respondent No.1: GP FOR ENERGY

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Counselfor the Respondent Nos. 2to6: SRI R. VINOD REDDY,SC

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Counsel for the Respondent No.7: SRI B.JAGAN MADHAV RAO, FoR GRAM PANCHAYAT The court made the fotlowing: oRDERsc

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THE HONOURABTE SRI JUSTICE NAGESH^BHEEMAPAKA

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WRIT PETITION No. 27168 0t 2023

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ORDER:

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The present writ^petition is filed by the^petitioners for

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lhe following relief :

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'-...1o issue o wnt, otder or dtection more poniculody one in lhe noture of writ of Mondomus by decloring the oction of ,he^Respondenfs ourhorities mo.e^porliculorly Respondenl^Nos.4 ond 5^{outhoritiesrn} refusing lo releose lhe power supply vide reiection letter Reference N}.L1M236480195, doted 27.09.2023 lo the^{petitioner'spremises} beoahg Plot Nos.l41 ond I16. odmeosuring 534 Sq.Yords in Sy.Nos.200, 205, 212. 250. 249. 254, 252. 20j, 204. 248. 251. situoted ot Sri bloii^Enctove' Motlompet villoge. Dundigol-Gondimoisommo Mondol,^Medchol- Molkoigni District on the^ground of letter relerence N7.NMC/G103/202O doted l4/05/2020 issued by^{the Nizompet MunicipolCorporotion(nol to} releose the power supply tor i egol conslrucrion, os ilegol, obilrory, withoul ony jurisdiction, controry to ,he provisions of electricity Act 2003 ond violotive ot Adicle 14 of the Constilution of^Indio ond^consequently direct the Respondent Nos.4 ond 5 outhorifies hereh lo^releosefhe power supply to the petitioner's properly withouf refedng to lefier reference N].NMC/G/0312020 doted l4/05/2020 issued by lhe N2ompef Municipot Corporotion ond^poss...'

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2 Leorned counsel for^pelilioners Sri L. Vishnu Prosod submits thot respondeni-outhorities hove refused to^releose power supply to the sublect property belonging to petitioners vide rejection letter reference No.1TM236480,l95. doted 18.08.2023. lf is further submitted lhot subject molier in the

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present writ petition is souorely coverecl by lhe order of this Court doted 11.09.2023 in W.p.No.2Sl 43 of 2023, hence this writ petition moy olso be disposed of in terms thereof.

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Leorned Stonding Counsel for respondent Nos.2 to 6, Sri R. Vinod Reddy, on instructions, submits lhot bosing on lhe letler oddressed by the 7th respondent, vide letter No.NMC/G/0312O20 doted t4.OS.ZO2O power suppty wos refused to petitioners. He further submirs thot if peiitioners moke on Applicotion ofresh, lhe outhorilies will consider lhe some ond poss necessory orders thereon. os per low.

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lt is stoted thot petitioner obtoined permission for conslruclion of residentiol building with I stilt + 2 upper floors from the grom ponchoyot, Mollompet Mondol vide permit doted 13.08.2023 ond mode conskuction. Whereos the developmenl ogreement enlered into belween the owners of the lond on the one hond ond petitioners on the other, porticulody clouses 22 ond 23 disclose thot 221 built up oreo of ll50 sq. feet (i.e. in fifth ftoor Ftot No. 501) wiil be folting under the shore of lond owner nomely Gudovolli Lokshmi Rojyom

I I

t \

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ond left out open spoce rights will be for the lond owner only ond 23) the built up oreo of I Z 10.0 sq. feet (i.e. in fifth floor Flot No. 502) will be folling under the shore of Lond owner nomely Smt. Rojulopoti Sireesho ond left out open spoce rights will be for lhe lond owners only. lt is therefore, cleor thol petitioners entered into ogreement to moke construction in viokrtion of the permission gronted by lhe grom ponchoyot. Moreover, petiiioners without filing on Applicotion before ihe oulhorities lo inspect the premises ond issue occuponcy certificole, stroight owoy, filed this Writ Petition questioning the rejection letter.

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Further. pelitioners obtqined permission from grom ponchoyot, subsequently, il merged wiih Municipolity, however. they hove not mode ony oltempt to impleod the soid Municipolily os porty respondent. ln oddition to thot, Hoving mode o specific ollegotion ogoinst Dr. B. Gopol, Municipol Commissioner thol he requested the Assistont Engineer (Operotion), TSSPDCL, Nizompet not to provide eleckicity / power connection lo l00l illegol ond unouthorized constructions, os per Telongono Municipol Act I I of 2019

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t t

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under Section^{178(4),in view of which, reiection orderwos} possed, petitioners hove not mode the soid^Municipol Commissioner os^{porly respondent.Unlessond until pelitioners} chollenge the^{volidity of lhe letler oddressedby the Mr.lnicipol} Commissioner, he connot^{cloim the relief soughtfor. Except} the development ogteement -cum-^{Generol Power of} Attorney ond^{permissiongroniedon 13.08.2018.wherein of Sl.} No. 7 'permitled construction^{porticulors' it is mentionec!os} 'ground, first^qnd second floors only,^{petitioners hove not} stoled in lhe offidovit or^{producedthe moleriol to showthot} whot construction they hove mode^{in the subjectproperly.}

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ln view of the obove,^{this Court is of the view thot} petitioners hqve not opprooched the Court^{wilh true focts.} Hence, they ore not entitled for ihe^{relief sougi-rt for.}

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The Writ Petition is therefore, dismissed.^{No costs.} 8. As o sequel. the miscelloneous^{petitions, if ony,}

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pending in the Writ Petition sholl slon_d closed..

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SD/- P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR

91t'

//TRUE COPY//

SECTION OFFICER

To,

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

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z oire-cd io snt. [. vlsHruu^{PRASAD, Advocate} [oPUC] 3. One CC to SRl.^{R. VINOD REDDY,SC} [OPUC] +. ON' CC tO SRI.^{B. JAGAN MADHAVRAb, SC FOR GRAM PANCHAYAT} toPUCl

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Two CD Copies

HIGH COURT

DATED:1611112023

ORDER

WP.No.27168 of 2023

1t\e STA T e-
: q
0 3 Jl'N 2[2[
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I DE S ? a.1 C

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DISMISSING OF THE WRIT PETITION WITHOUT COSTS

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gc4'^d> r ),L^\r-

Daka Srinivasula Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Daka Srinivasula Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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