Disposed

M. Janardhan Reddy v. The State of Telangana

Telangana HC17 Apr 2023WP/9892/2023

Case brief

AI extract

What is this about?

This writ petition was disposed of at the admission stage. The High Court directed official respondents to consider the petitioner's detailed representation regarding a land dispute over an electric pole shift, issuing notice to the opposing claimant, and to complete the exercise within two months.

What did the court decide?

Direction to respondents to consider petitioner's representation dated 27.02.2023, issue notice to the land claimant (5th respondent), and dispose of the matter within two months.

M. Janardhan Reddy Vs The State of Telangana — Property and Title | Telangana HC (2023)

¶1

1321s I

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

MONDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

¶5

PRESENT

¶6

THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

¶7

WRIT PETITION NO: 9892 OF 2023

¶8

Between:

¶9

M. Janardhan Reddy, S/o. Yadi Reddy, Aged about 60 years, Rl/o. Plot No. 21, Jupiter Colony,Tirumalgherry, Secunderabad, Telangana State.

¶10

...PETITIONER

¶11

AND

¶12

Tte State of Telangana, Department of Energy, Rep by its Principal Secretary(Power and Energy), Secretariat, Hyderabad.

¶13

Telangana State Southern Power Distribution Company Limited, Rep bv its Superintending Engineer operation Secunderabad'Circie TSSpDCL: Telangana

¶14

Telangana_State Southern Power Distribution Company Limited, Rep by its Divisional Engineer Operation Secunderabad Cont. Division, TelanganS.

¶15

Telangana State_Southem Power Distribution Company Limited, Rep by its Asst. Divisional Engineer Operation, Lalbazar Sub - Division, Hyderabad, Telangana.

¶16

Telangana State Southern Power Distribution Company Limited, Rep by its Asst. Engineer Operation Bolarum

¶17

Nimma Mohan Reddy, S/o lla Reddy, Aged about 51 years, R/o. Plot No B NCL Enclave, Pet- basheerabad, Quthbullapur, Medchal- Malkajgiri District, Telangana.

¶18

...RESPONDENTS

¶19

Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the letter Lr. No. ADE/OP/LaI BazarlDist- )o(/F. iD. NO- 280712022- 23, dated 21. 03.2023 issued by the 4th Respondent, stating that as per report of the Respondent No. 5 another consumer

¶20

approached and claimed to be owner of the subject land and therefore as^per opinion of the Law Attache, the Respondent No. 4 directed the Petitioner to^get clear orders from Court for shifting of electricity^pole in^land admeasuring^{Ac. 2. 16} guntas in Sy. No.574, situated at Old Alwal Village, Alwal Municipality, Malkajgiri Mandal, Medchal Malkaigiri District, as^{illegal, arbitrary, contraryto law and in} violation of Articles 14, 19 and 21 of the Conslitution^{and consequently direct the} official Respondents more^particularly the Respondent^{No. 4 to release the work} order and material vide sanction memo^{No. SE/OP/SECBD/COMML/} SR.NO. 40122- 23. D.^NO. 3773122-23^{dated 01.02.2023 and without followingdue} process of law.

¶21

lA NO: 1 OF 2023

¶22

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 official Respondents^{more particularlythe RespondentNo.4 to release the} work order and material^{vide sanction memo No. SE/OP/SECBD/COtvlML/SR.NO.} 40122- 23. O. NO.3773122- 23^{dated 01 02.2023}

¶23

Counsel for the Petitioner: SRl.^{KONDAPARTHYKIRAN KUMAR}

¶24

Counsel forthe Respondent^{No.1 :GPFOR ENERGY}

¶25

Counsel for the Respondent^{No.2 to 5: SRl.R. VINOD REDDY,SC FOR} TSSPDCL

¶26

Counsel forthe Respondent^{No.6:NONEAPPEARED}

¶27

The Court made the following:^ORDER

¶28

THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

¶29

WRIT PETITION No.9892 of 2o23

¶30

ORDER:

¶31

This Writ Petition is filed seeking a writ of mandamus declaring the letter vide Lr.No.ADE/OP/La-J.Bazar/Dist)fi/F./D.No.2807 12022-23, dated 21.O3.2023 issued by the zttt, respondent as illegal and arbitrary and consequently to direct the offrcial respondents, more particularly respondent No.4, to release the work order and material vide salction memo dated OL.O2.2O23 and to pass such other order or orders.

¶32

Brief facts leading to the l-rling of the present Writ petition are that the petitioner claims to be owner of land in Sy.No.574 of Old Alwal Village, Alwal Municipality, Malkajgiri Mandal, Medchal_ Malkajgiri District and has made an application for shifting of electric pole from middle of his land to the boundary of his land. It is submitted that the official respondents have already issued an estimate for the same, but however, they are not shifting the electric pole and the 5th respondent has raised objections to shift the electric pole stating that the said land belongs to him and accordingly, the official respondents have issued communication dated 21.03.2023 to the petitioner to obtain an order from the

i::r ',r

I I I I I

)

W.P No.9892 of 2.

¶37

Court without considering the his representation dated 27.02.2023.

¶38

Learned counsel for the petitioner submitted that the impugned letter does not contain any details and therefore, the petitioner has made a de tailed representatio n on 27 .02.2023 wherein he submitted that the dispute between the petitioner and 5e respondent is with regard to the land in Sy.No.573, whereas shifting of electric pole is in respect of his land in Sy.No.574. Therefore, the petitioner seeks a direction to the respondents to consider his representation.

¶39

Learned Standing Counsel lor the respondents is also heard.

¶40

Having regard to the fact that the petitioner has made a detailed representation and the land in which the electric pole has to be shifted is claimed to be in Sy. No.574 and not in the land in Sy.No.573 over which the 5th respondent has raised objections, the respondents are directed to consider and dispose of the representation of the petitioner d.ated 27.02.2023 alter issuing notice to the Sth respondent and provide necessary opportunity of h earing to all the concerned and take action accordingly. The entire exercise shall be completed within a

¶41

PMD,J W P.No 9a92 of 2023

¶42

period of two (O2) months from the date of receipt of a copy of

¶43

this order.

¶44

Accordingly, the Writ Petition is disposed of at the admission

¶45

stage. There shall be no order as to costs

¶46

Miscellaneous applications, if any pending, sha_ll also stand closed.

¶47

SD/.V.KAVITHA ASSISTA NT RE IST //TRUE COPYII

¶48

To,

¶49

sEcTloN OFFTCER

¶50

: $!-,.!ll?fl^{li':""3.,:'s% ?:ffi} L3^li',if.ishDe pa rtm e nt or E n ers v, 2. The Superinteno ing E ns inee; TZdft ; ;ir" B,Ei;: ;ii{B',ii,Tii,Efufi ::"ir,+.8;i#{"ms::ri#,3"sj"{t[isii[J,.:xx"" Company Limitedloperatio; S"e;u;;;;;;#blirt. Division, Tetanoana.

¶51

4 The Asst Divisionar Engineer opeiiii;;,iu;&r, State southeri power ?:i:x?:'lT com pa n v Lim ited, u h;;;;'s, d: i5i,,s io n, H vd e ra ba d,

¶52

The Aist. Engineer Telangana State Southem p ower Distribution company

¶53

Li-t,n]bpi,iliiI['efr"r

¶54

One CC to Sri. Xonrla.Oa,rtfrV Kiran Kumar, Advocate IOPUCI 7. one cc ro Sri. R. vindbd n6_oov, qci;itbstb"ctib,p'"uc]",

¶55

Two CCs to Gp for Energy, nirin c"r.irt'rJitiu!'rrt" of T"trngana. [oUT]

, rn^{,*o CD Copies}

o"c$(L

HIGH COURT

DATED:1710412023

ORDER

WP.No.9892 of 2023

,,--:.-+-,
:-..,
, .1:..
ttr ti,
..r& .,f* ii
j ,li
s<br>.',!
t:l -".
{,2
'..-t.- ' ---'t1._

¶63

DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION

¶64

WITHOUT COSTS,

¶65

@r$\rN

M. Janardhan Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

M. Janardhan Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anjaneyulu Vs M/s Southern Power Distribution Company of Telangana Limited

My Gym Vs Southern Power Distribution Company of Telangana Limited and 3 Others

Vardeboina Babu Vs The District Collector

M/s.Bandi Rocks LLP Vs The State of Telangana

M/s Azra Plastics Industries Vs The Southern Power Distribution Company of Telangana Limited

Rahmath Banu Vs The State of Telangana and 3 others