Disposed

Smt. Kalvakuntla Vijitha Rao v. The State of Telangana

Telangana HC13 Dec 2024WP/22022/2023

Case brief

AI extract

What is this about?

The Telangana High Court issued no substantive relief. Directing the petitioner to make a fresh application for power restoration with required documents within two weeks and the respondent authority to decide within one week thereafter. No order as to costs.

What did the court decide?

Directed the petitioner to make a fresh application for power connection restoration with required documents within two weeks; directed Respondent 4 to decide within one week thereof. No order as to c

Smt. Kalvakuntla Vijitha Rao Vs The State of… — Service and Employment | Telangana HC (2024)

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132s21

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

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FRIDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TW€NTY FOUR

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO:22022OF 2023

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Between:

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Smt. Kalvakuntla Vijitha Rao, W/o Kalvakuntla Tejeshwar Rao, Aged about 38 years, Occ. House Wife, R/o H No 1-5-1055/61, Flat No 202, Garudadhari Nilayam, Sai Baba Nagar Colony, Besides Hanuman Temple, Old Alwal, Secunderabad- 500 0'i 0, Telangana

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...PETITIONER

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AND

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1 The State of Telangana, represented by the Chief Secretary, Dr BR Ambedkar TS Secretariat, Lower Tank Bund Road, Hyderabad, TS

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2 The Transmission Corporation of Telangana Ltd, rep by its CMD, Vidyuth So\ /dha Building, Hyderabad

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3 The Southern Power Distribution Company Of Telangana Ltd, represented by its CMD TSSPDCL, Corporate Office, Mint Compound, Hyderabad

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4 The Assistant Divisional Engineer, TSSPDCL Jeedimetla Sub Division, Divisional Office, Jeedimetla, Medchal Malkajgiri District Telangana

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5 Alapati Chalam Babu, S/o Suryanarayana, Aged 51 years, Occ. Service, presently residing At D No 8090, Adair Ln APT 4819, Atlanta, GA 303505213, USA and permanent Rl/o D No. 8-3-2221812, Plot No 72lC, Madura Nagar, Hyderabad -500038.

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Represented by his SPA Holder Sri K Murali Mohan, S/o K Ram Mohan, Aged about 44 years, Occ. Service, Rl/o H No 9-1-331N2113, Prashanth Nagar, near Government School, Langar House Hyderabad 500008

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...RESPONDENTS

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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 an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of respondents more partlcularly that of respondent no 4 refusing to release of power supply, reclaiming the electricity meter by disconnecting the same on 08.08.2023, without even issuing a notice to

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the petitioner with reference to power connection user identification No NR90723850979^(2KV) dated 23.03.2023 in pursuant to a false complaint made by sth respondent through his GPA vide Lr No ADE/Op/JDML/D. No 8912023-24 dated 20.04.2023 in connection with an ex-party decree obtained against the vendor of petitioner by fraudulent means by showing wrong address in OS No 55512022 dated 1^'1.01.2023 on the file of Learned ll Additional Junior Civil Judge cum lX Additional Metropolitan Magistrate Medchal basing on a legal opinion allegedly obtained by the 4th respondent as being colorable and biased exercise of powers, apart from being lllegal, Arbitrary Un Constitutional, being violative of Articles 19, 21 and 300A, against the Letter and spirit of Catena of several Judgments rendered by this Honorable Court as well that of Honorable Supreme Court of lndia, and to consequentially restore power supply to petitioner's plot in Sy No 179/P, Bachupally (V) Pragathinagar, Qutbullapur, within the limits of Nizampet Municipal Corporation, Medchal Malkajgiri District, Telangana, with user identification No NR90723850979 (2KV) dated 23.03.2023.

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lA NO:^'l OF 2023

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Petition under Section 15'l 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 4th respondent to restore the service meter and power connection to petitioner with user identification No NR90723850979 (2KV) dated 23.03.2023 disconnected on 08.08.2023 with immediate effect, without reference to the objections of Sth respondent vide Lr No ADE/Op/JDML/D. No 8912023-24 daled 20.04.2023 and opinion of Law attache' daled 24.04.2023 pending the disposal of present writ petition.

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Counsel for the Petitioner: SRI IMMANENI RAMA RAO

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Counsel for the Respondent No.1: AGP FOR GENERAL ADMINISTRATION

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Counsel for the Respondent No.2 to 4: SRI R.VINOD REDDY, SC FOR TGSPDCL

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The Court made the following: ORDER

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HON'BLE^{MRS ]USTICE SUREPALLI NANDA}

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WRIT PETITION^{NO.22O22OF 2023}

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ORD E R:

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Heard Sri^{rmmaneni Ramarao, learned counsel} appearing on^{behalf of the petitioner,learnedAssistant} Government^{Pteaderfor General Administrationappearingon} behalfofrespondentNo.landSriR.VinodReddy,learned Standing Counse!^{for TGSPDCL,appearingon behalf of the} respondent^{Nos.2 to 4.}

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The oetitioner^{aooroachedthe Court seekino oraveras} u nder:

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to issue an appropriate^{writ, order or direction more} in the nature^of Ma nda mus declaring the^actionof respondents^more particularlY that of respondent^No'4 refusing to^{release of powersupplyreclaimingthe electricity} meter by disconnecting^{the same on 0B'08'2023'without} even issuing^{a notice to the petitionerwith reference to} power connection user^{identificationNo' NR90723850979} (2KV) dated 23.03.2023^{in pursuantto a false complaint} made by 5th^{respondentthrough his GPA vide Lr'No'} ADE/Op/IDML/D.No.B9l2O23-24^{dated20'o4'2023in} connection with^{an ex-partydecree obtainedagainst the} vendor of^{petitioner by fraudulentmeansby showing wrong} address in^{OS No.555/2022 dated 11'01'2023 on the file of} learned II Additional^{luniorCivil Judge-cum-IX Additional} Metropolitan^{Magistrate, Medchalbasing on a legal opinion}

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allegedly obtained by the 4th respondent as being colorable and biased exercise of powers apart from being Illegal, Arbitrary, Un Constitutional, being violative of Articles 19, 21 and 3004, against the Letter and spirit of Catena of several Judgments rendered by this Honorable Court as well that of Honorable Supreme Court of India and to consequentially restore power supply to petltioner's plot in Sy.No.179/P, Bachupally (V), Pragathinagar, Qutbullapur within the limits of Nizampet Municipal Corporation, Medchal Malkajgiri District, Telangana with user identification No.NR90723850979 (2KV) dated 23.03.2023 and pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

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Learned counsel appearing on behalf of the petitioner submits that the power connection with respect to user identification No. NR90723850979 (2KV) dated 23.03.2023 had been disconnected on 08.08.2023 without issuing notice to the petitioner and inspite of several requests made by the petitioner, the same had not been restored as on date.

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Sri R.Vinod Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of the respondent Nos.2 to 4 submits that upon the petitioner making fresh application seeking restoration of the service meter and^power connection to petitioner with respect to user identification No. NR90723850979 (2KV) dated 23.03.2023

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with all the required documents as^{mandated underRules,the} respondent No.4 would consider the^{same in accordance to law} within a reasonable^period.

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Learned counsel appearing on behalf of the^{petitionerdoes} not dispute the said^{submissionmade by the learnedStanding} Counsel for^{TGSPDCLappearingon behalf of the respondent Nos.2} to 4.

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Taking into consideration the submissions^{made by the} learned counsel appearing on behalf of the^{petitioner and} the learned Standing Counsel for^TGSPDCL appearing^on behalf of the respondent Nos,2 to 4, the writ^{petition is} disposed of directing the^petitioner to^make a^fresh application seeking restoration of the service meter^and power connection to petitioner with respect to user identification No. NR9O723a5O979^(2KV) dated 23.03.2023 within a period of two (O2) weeks from the date of receipt of a copy of this order with all the required documents^as mandated under the Rules. On receipt of the said application from the petitioner, the respondent No.4 shall consider the same and^pass appropriate orders on the said application in accordance to law within a period of one (1) week thereafter

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and duly communicate^{the decision to thepetitioner'}

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However, there shal!^{be no order as to costs'}

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if As a sequel, the^{miscellaneouspetitions,}

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any,^pending in^{the Writ Petition shall also standclosed'}

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SD/. P.PADMANAAHA^REDDY ASSISTANT REGITTRAR //TRUE COPY' I q/ w SECTION OFFICER

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To,

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The Chief Secretary,^{Dr B.R.AmbedkarTS Secretariat, Lower Tank Bund} Road, Hyderabad,^{State of Telangana.}

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The CMD, Transmission^{Corporation of TelanganaLtd, Vidyuth Sowdha} Building, HYderabad

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The CMD, Southern^{PowerDistribution CompanyOf TelanganaLtd'} - TSSpOCL, Corporate Office, Mint Compound, Hyderabad

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4.TheAssistantDivisionalEngineer,TSSPDCL_JeedimetlaSubDivision, oiuirionit Office. Jeedimetla,^{Medchal Malkajgiri District Telangana}

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One CC to^{SRI IMMANENI RAIUARAO, Advocate [OPUC]}

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One CC t3^{SR! R.V!r'!ODP.EDDY,SC FOR TGSFDCL [OPUC]}

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T.TwoCCstoGPFoRGENERALADM|N|STRAT|ON,HighCourtfortheState of Telangana at^HYderabad [OUT]

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8 Two CD Copies BSR GJP w

HIGH COURT

DATED: 1311212024

ORDER

WP.No.22022 of 2023

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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\c"s t1f,ilt(

Smt. Kalvakuntla Vijitha Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Kalvakuntla Vijitha Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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