The High Court for Telangana dismissed a writ petition seeking ownership of power supply without an occupancy certificate. Relying on prior interim orders, the court closed the petition without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
132521
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 2608 OF 2017
Between:
K.U.V.S S. Srihari, S/o late Sri K. Raghavulu, Aged about 42 years, pJo plot No. B4l13, Sy. No. 77 Madhapur, Hyderabad.
AND
...PET|T|ONER
...RESPONDENTS
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 particularly one in the nature of Wrrt of [,4andamus declaring the action of the Respondents in not releasing the power supply to the petitioner building in Plot No. 84/13 in Sy. No. 77 of l/adhapur, Hyderabad as illegal, null, void, arbitrary and consequen y direct the respondents to release the power supply without insisting to occupancy certificate.
l.A. NO: I OF 2017(WPMP. NO: 3057 0F 20171
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 2nd Respondent to release the power supply to the petitioner building in Plot No. 84/13, in Sy. No. 77 of Madhapur, Hyderabad for Ground + 3 Floors only.
Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondent No.1: AGP FOR ENERGY Counsel for the Respondent No.2: SRI R.VINOD REDDY, SC FO TGSPDCL The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.26OA OF 2OL7
ORDER:
Heard Sri K.Durga Prasad, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of the respondent No.1 and Sri R.Vinod Reddy, learned Standing Counse! for TGSPDCL, appearing on behalf of respondent No.2.
2, The oeti tioner aooroached the Court see kinq oraver as u nder:
"..,to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the power supply to the petitioner building in Plot No.B4l13 in Sy.No.77 of Madhapur, Hyderabad as illegal, null, void, arbitrary and consequently, direct the respondents to release the power supply without insisting to occupancy certificate and to pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2 wP 2608 2017
"In the affidavit filed in support of the writ petition, it is stated that the second respondent cannot stop the release of power supply only on the ground of non-submission of occupancy certificate. It is further stated that in the event of rejection of occupancy certificate, power supply can be withdrawn. It is also stated that the municipal authorities granted permission on 18.03.2074 for construction of building and the petitioner completed the construction and applied for occupancy certificate from the Greater Hyderabad Municipal Corporation and the same ls pending consideration.
In view of the above, there shall be a direction to the second respondent to release the power supply to the petitioner's building for Ground + 3 Floors only subject to compliance of all other statutory requirements. It is made clear that in the event of refusal of occupancy certificate by the Municipal Corporation, it is open to the respondents to withdraw the power supply.
Notice"
3 w, ,uo, ,o'i,
standing counsel appearing on behalf of therespondent No.2 on record, the writpetition is closed.However, there sha!! be no order as to costs.
As a sequel, the miscellaneous petitions, if
any,pending in the Writ Petition shall also stand closed.
//TRUE COPY//
SD/. A. SRINIVASA REDDY ASSISTANT EGISTRAR F
\
SEOTION OFFICER
To,
BSR GJP
(+
HIGH COURT
DATED: 0511112024
ORDER
WP.No.2608 of 2017
I rrc S lrL, .G
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,s<br>I o[:se4rcHE o
CLOSING THE WRIT PETITION,
WITHOUT COSTS
?n-
l14 Y 1
K.U.V.S S. Srihari
The State of Telangana
Southern Power Distribution Company of Telangana Ltd
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
