Disposed

M/s. Orange Avenues v. The State of Telangana and 3 others

Telangana HC4 Apr 2023WP/9201/2023

Case brief

AI extract

What is this about?

High Court disposed Writ Petition against non-release of power supply at admission stage, directing respondents to release supply if petitioner furnishes occupancy certificate within prescribed period.

What did the court decide?

Petition disposed at admission stage directing respondents to release power supply subject to furnishing occupancy certificate within prescribed period and following terms and conditions.

M/s. Orange Avenues Vs The State of Telangana and 3… — Service and Employment | Telangana HC (2023)

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[³³⁰³ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J.SREENIVAS^RAO

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WRIT PETITION NO:9201 OF 2023

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Between:

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M/s. Orange Avenues, Rep. by its Managing^{Partner Karnati SrinivasS/o K.} Lingaiah, Sged about s9^y6ars, Occ. Business,^{R/o.Flat No.101, Sai Enclave,} G relen Hills Colony, Kothapet, Saroor Nagar,^Hyderabad.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its^{Principal Secretary, Powerand Energy} Department, Secretariat, Hyderabad-500022.

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Solthern Power Distribution Company^{Ltd. of Telangana,Rep. by its} Chairman and Managing Director, Mint Compound,^Hyderabad.

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Southern Power Distribution Company^{Ltd. of Telangana,Rep.by The} Superintending Engineer^{(Operation), Saroornagar Circle, Saroornagar.}

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Gr6ater Hyderabad Municipal Corporation,^{Rep. by its Commissioner,} Tankbund, Hyderabad.

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.,.RESPONDENTS

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Petition under Article 226 of the Constitution^{of lndiapraying that in the} circumstances stated in the affidavit^{filed therewith, the High Courtmay be} pleased to issue an appropriate Writ, order or direction more^particularly one^{in the} nature of Writ of lVlandamus declaring the action of^{the Respondentsin not} releasing the power supply to the Petitioners^{buildings at premises bearing Land} admeasuring 27'14 sq^yards being net area^{of Acre 0-37 Guntas21 yards after} road widening, Situated at Sy.No.53, Mansurabad^{Village, SaroornagarMandal,} Ranga Reddy District Malkajgiri District, as^{illegal, null, void, arbitrary and} consequently direct the respondents to^{release the powersupply withoutinsisting} for occupancy certificate.

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lA NO: 1 OF 2023

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Petition under Section^'1 51 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 2nd and 3rd Respondents to release the power supply to the petitioners buildings at premises bearing Land admeasuring 2714 sq yards being net area of Acre 0-37 Guntas 21 yards after road widening, Situated at Sy.No.53, Mansurabad Village, Saroornagar Mandal, Ranga Reddy District Malkajgiri District.

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Counsel for the Petitioner: SRI L.VISHNU PRASAD Counsel for the Respondent No.1: cP FOR POWER & ENERGY Counsel for the Respondent Nos.2 & 3: SRI R.V|NOD REDDY, SC FOR TSSPDCL

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Counsel for the Respondent No.4: SRI M.DURGA PRASAD, SC FOR GHMC

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The Court at the admission stage made the following: ORDER

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i \

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HON'BLE SRI JUSTICE J. SREENI/AS RAO

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WRIT PETITION No.92O1 of 2O23

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ORDER:

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This writ petition is filed seeking writ of mandamus declaring the action of the respondent in not releasing the power supply to the petitioner's building premises bearing land admeasuring 2714 Sq.Yds. being net area of Ac.O.37 gts 21 yards after road widening, situated at Sy.No.53, Mansurabad Village, Saroornagar Mandal, R.R.District, as illegal, nu1l, void, arbitrary and consequently to direct respondents to release the power suppiy without insisting occupancy certificate.

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When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that the issue raised in the writ petition is squarely covered by the order dated 11.11.2022 passed by this Court in W.P.No.41259 of 2022.

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Learned Government Pleader for Power and Energr Department appearing for respondent No.l, Sri R.Vinod Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, appearing for respondent Nos.2 and 3 and Sri M.Durga Prasad, learned Stalding Counsel for Greater

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Hyderabad^{Municipai Corporation' appearing lor respondent No'4'} did not^{dispute the aforesaid submissron'}

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In view^{of the above' for the reasons aiike in the said order'} this Writ^{Petitionis disposed of at theadmission stagedirecting the} respondents^{to release ttre power supply to the premisesof the} petitioner^{subjectto the complianceof terms arrd cond'itions and on} furnishing^{an undertakingto producethe occupancy certificate} from^{the concerned Municipal Corporationwithin a prescribed} period,^{and, if no such occupancycertificate is produced within} such^{period, it is open to the respondents to take appropriate} action^{in accordance\Mith 1aw' There shall be no order as to costs'} Miscellaneous^{applications'if any pending' shal1 also stand} closed. SD/- K.^AMMAJI

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SD/- K.^AMMAJI AsslsTANr^REGlsl,RAR /ITRUE^coPY// ,ecrror.r(irrcen

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Two^{CD CoPies} PSK. GJP

HIGH COURT

DATED:04l04t2023

ORDER

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WP.No.9201 of 2023

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DISPOSING OF THE WRIT PETITION AT THE ADMTSSION STAGE WITHOUT COSTS. cgSd 9g--ff'[e'

M/s. Orange Avenues v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

M/s. Orange Avenues v. The State of Telangana and 3 others

Case brief

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What did the court decide?

What the court decided

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