M/S K C M Builders Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

M/S K C M Builders Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of (at admission stage, by consent) directing Respondents Nos. 2 to 5 to release power supply to the petitioner's premises, subject to compliance of terms and conditions and on furnishing an undertaking to produce the occupancy certificate within a prescribed period; failing production, respondents free to act in accordance with law. Miscellaneous applications, if any, stand closed. No costs.

Issue for consideration

Whether the refusal of Respondent Nos. 2 to 5 to release power supply to the petitioner's premises on the ground of non-furnishing of occupancy certificate is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution, and whether the respondents can be restrained from insisting on the occupancy certificate for grant of additional load/power supply.

Court's answer

Following its order dated 20.04.2020 in W.P.No.6030 of 2020, the Court disposed of the writ petition directing Respondents 2 to 5 to release power supply to the petitioner's premises, subject to compliance of the terms and conditions.

Ratio / Principle

The release of power supply is conditional on the petitioner furnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation within a prescribed period.

Key takeaways

If no such occupancy certificate is produced, it is open to the respondents to take appropriate action in accordance with law.ratio¶40

Detailed headnote1 paragraphs

Writ Petition No.12755 of 2025 (High Court for the State of Telangana at Hyderabad, Pulla Karthik J., 25.04.2025): The petitioner firm (M/S KCM Builders) sought a writ of mandamus declaring illegal the refusal of Respondents Nos. 2 to 5 (TGSPDCL authorities) to release power supply to its premises at Gaddiannaram Village, Saroornagar, for non-furnishing of the occupancy certificate. With the consent of counsel the petition was taken up for disposal at admission stage. Holding that the lis was squarely covered by this Court's order dated 20.04.2020 in W.P.No.6030 of 2020, which was not seriously disputed by the respondents, the Court disposed of the writ petition directing the respondents to release power supply to the premises of the petitioner, subject to compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation within a prescribed period; if no such occupancy certificate is produced, it is open to the respondents to take appropriate action in accordance with law. Miscellaneous applications, if any, were closed; no costs.

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HIGH COURT^{FOR THE STATEOF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

FRIDAY, THE TWENTY^{FIFTHDAY OF APRIL} TWO THOUSAND^{ANDTWENTYFIVE}

PRESENT

THE HONOURABLE^{SRI JUSTICEPULLA KARTHIK}

WRIT PETITION^{NO:12755 OF 2025}

Between:

v its Manaoino Partner^{Sripati Srinivas S/o} M/SKCMBuilders,ReP.b Padmaiah AGED^{60YRS Occ} business Rio Ts-ze-tlR,^{13-2311,P. N0.141,} SY.N0.97,^{109,110 and 111'} Rangareddy,^{GaddiannaramVillage,} Saroornagar.

..PETITIONER

AND

1 The State of Telangana,^{Rep by its Principal Secretary, Electricity Department} Secretariat, Hyderabad.

2 TheSouthernPowerDistributionCompanyofTelanganaLimited,Ground fioor, Vint Compound,^{Hyderabad, Rep. by its Managing Director'}

? The Superintendent^{Engineer, Operation, SaroornagarCircle, TGSPDCL'} Saroornagar, HYderabad.

The Divisional^{Engineer Operation, SaroornagarCircle,TGSPDCL'} Saroornagar, Hyderabad.

The Assistant Divisional^{Engineeroperation,TGSPDCL, Saroornagarcircle,} TGSPDCL, Saroornagar,^HYderabad.

Greater Hyderabad^{Municipal corporation,Rep. by its Commissioner} Hyderabad.

...RESPONDENTS

Petition under Article²²⁶ ol^{the constitution of lndiaprayingthat in the} circumstances stated in^{the affidavit filedtherewith, the High court maybe} pleased to issue writ, order, direction^{moreparticularly one in the nature of writ of} writ of Mandamus declaring^{the actionof the Respondent No. 2 to 5 in refusing to} release the^power supply to the^{Petitionerin D.NO 13-23-11A, 13-2311'P'} N0.141,SY.No.97,109,110and111'Rangareddy,GaddiannaramVillage' Saroornagar on the^gro_und of non^{furnishing of occupancycertificate as illegal,} arbitrary highhanded apart from^{being violativeof Art. 14 of 300-A of Constitution}

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of lndia and consequently^{direct the Respondents21o 5 not to insist for} occupancy certifica-e^{for grant of additional loads/ power supplyto the Petitioner} firm

lA NO: 1 OF 2025

Petition undr.r Section^{151 CPC prayingthat in the circumstancesstated} in the affidavit^{filed in supportof the petition,the High court may be pleasedto} direct the Respon<ient^{No.2 to 5 hereinto releasethe power supplyto the} Petitioner firm in^{D N0.13-23-1lA,13'23t1, P. NO'141, S''NO'97,109, 110 and} 111, Rangareddy.^{Gaddiannaram Village, saroornallar without insisting} occupancy certificare^{from the Greater Hyderabad Municipal corporationpending} disposal of the abo're^{Writ Petition.}

Counsel for the Petitioner:^{SRI P.RAVI KIRAN}

Counsel for the Respondent^{No.1:GPFOR ENERGY}

Counsel for the Respondent^{No.2to 5: SRI N.SREEOHAR REDDY'} SC FOR SPDCL

Counsel for the Respondent^{No.6:SRISRINIVASA RAO PACHWA,} SC FOR GHMC

The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE PULLA I{ARTHIK

WRrT PETITION No.12755 of2o25

ORDER:

Aggrieved by the inaction of the resporrdents in releasing power supply to the petitioner's propcrty bearing D.No.13-23-1/ A, 13-2311, P.No.141, in Sy,Nos.97, 109, 110 and 111, Gaddiannaram Village, Saroornagar Mandal, Rangareddy District, o, th. ground of non[urnishing o[ the occupancy certificate, the present writ petition is hled.

Hcard Sri P. Ravi Kiran, learned counsel appearing for thc petitioner, learned Government Pleader for Energy, for respondent No. 1, Sri N. Sreedhar Reddy, learned Standing Counsel for rcspondent Nos.2 to 5, and Sri Srlnivasa Rao Pachrva, learned Standing Counsel for respondent No.6. With their consent, the writ pcti[ion is taken up lor disposal at admission stage.

Learned counsel for the petilioners submits that the lis in the prcsent writ petition is squarely covered by the adjudication of this Court in its order dated 20.O4.2O2O in W.P.No.6O30 of 2O2O, and therefore, prays this Court to pass a simiiar order in the present writ petition also.

The same is not seriously disputed by the learned Government Pleader as well as the learned Standing Counsel appearing on behalf of the respondents.

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PK, ,] W I'.No.12755 of 2O2S

Having rc;1ard to thc submissions made by thr: lcarnccl counsel for thc respectivc ra.ties, and for thc reasons alike i;-r thc orcler dated 20.O4.2O2O i. iV.t,.No.60ll0 of 2020, the Writ pet.tion is clisposed of responde,ts to r t,k.zrse the power supply to the premisr:s of the pctitioner, subject to r:.rnpliarrcc of thc terms and conditions a -r I on lurnishing an unde.taking to l)roduce rl're occupancy certihcate rom the concerned Municipal CorplrzLtion $,ithin a prescribed perioc, and if no such occupancy certilrcate is produced, it is open to the rt:spondents to take appropriatc actir n i n accorriance u.ith law.

Miscellanetus itpplir;ations, it any, pending in this writ petition, shail stand closed. N( cos1.s

SD/- P. GOWRI^SHANKAR PEPUTY^REGISTRAR ,TRUE COPY// SECTION OFFICER

To,

1 The Principal {iecretary,^{Electricity Department,S} ecretariat, Hyderabad, State of Telangana

2 The l\4anaoino Director,^{southern PowerDistribution c;cmpanyof Telangana} fimiteO Gioui.t Ftoor,^{MintCompound, Hyderabad'}

3 The Superinte,ndent^{Engineer, Operation, Saroornagar Circle, TGSPDCL'} Saroornagar,^{l lYderabad.}

4 The Division al^{Engineer Operation, Saroornagat Circle,TGSPDCL'} Saroornagar,^llYderabad.

A The Assistant^{Divisional Engineeroperation, TGSPDC;I, Saroornagarcircle,} TGSPDCL, Sa^{roornagar. HYderabad.}

6 TheCommissioner,GreaterHyderabadMunicipalCorporation,Hyderabad'

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One CC to SRI^{P.RAVI KIRAN, Advocate} [OPUC]

B One CC to SRI^{N SREEDHAR REDDY,SC FOR SPDC;LIOPUCI}

One CC to SFI SRINIVASA^{RAOPACHWA, SC FOR (]HMC[OPUC]}

D$/

,10.TwoCCsto(]PFoRENERGY,HighCourtfortheStateofTelanganaat Hyderabad [Ot-JT]

1 1 . Two CD^CoPie:s

BSR

CC TODAY

HIGH GOURT

DATED:2510412025

ORDER

WP.No.12755 of 2025

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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