M/s. Dny Infra and Constructions Private Limited… — Writ and Judicial Review | Telangana HC (2025)

M/s. Dny Infra and Constructions Private Limited… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at admission stage with consent of parties, directing Respondents 2 to 4 to release power supply to the petitioner's premises subject to compliance with terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation within a prescribed period; miscellaneous petitions, if any, closed; no order as to costs.

Issue for consideration

Whether the action of Respondents 2 to 4 in not releasing power supply to the petitioner's property while insisting on an occupancy certificate is illegal, arbitrary and liable to be declared null and void, and whether the respondents should be directed to release the power supply without insisting on the occupancy certificate.

Court's answer

In view of the submissions and for the reasons alike in the order of this Court in W.P.No.6030 of 2020 dated 20.04.2020, the Writ Petition is disposed of directing the respondents to release the power supply to the petitioner's premises subject to compliance with the terms and conditions.

Ratio / Principle

The release of power supply is conditional 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 within such period, it is open to the respondents to take appropriate action in accordance with law.

Detailed headnote1 paragraphs

Telangana High Court (Pulla Karthik, J.), W.P.No.13095 of 2025, decided 28-04-2025: With consent of both parties the writ petition (Article 226, seeking mandamus against Respondents 2 to 4, TGSPDCL, for not releasing power supply of 15 Nos 3-phase 5 KW domestic services, 1 No 3-phase 5 KW common service, over and above an existing 3-phase 12 KW temporary service, total load 92 KW, to Plots 1015-1017, Sy. No. 20 and 28/1, Category II (MIG), Miyapur Residential Complex, without insisting on occupancy certificate) was taken up and disposed of at the admission stage itself. Following the Court's own order in W.P.No.6030 of 2020 dated 20.04.2020, which coverage the Government Pleader and Standing Counsel did not seriously dispute, the respondents were directed to release power supply subject to compliance with terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation within a prescribed period, failing which the respondents may take appropriate action in accordance with law. No order as to costs.

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

MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION NO: 13095 OF 2025

Between:

It//s. DNY lnfra and Constructions Private Limited, Rep by its Director Mr M. Satheesh S/o. tvlr. [t/1. Sankar Naidu Aged about 42 years, Occ. Business R/o. Flat No. 201 , Second Floor, AK Heights Two, IVlasjid Banda, Kondapur, Hyderabad-

...PETITIONER

AND

1 The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad-500022.

2 Southern Power Distribution Company Ltd, of Telangana Rep. by its Chairman and [Vlanaging Director, f\rlint Compound, Hyderabad.

Southern Power Distribution Company Ltd., of Telangana Rep., by The Superintending Engineer, operation [vledchal Circle, Ivledchal.

4 Southern Power Distribution Company Ltd, of Telangana Rep by its Assistant Divisional Engineer, operation, [\iliyapur Sub Division, Medchal Circle.

Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Serilingampally Zone, Hyderabad.

...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 Writ of lvlandamus declaring the action of the Respondents^{2 to 4 in} not releasing power supply of 15 Nos 3^phase each 5 KW Domestic Services,^'1 No 3 phase 5KW for common service, over and abovq already existing 1^No 3phase 12 KW Sc. No.^1'1057 10085 Cat- Vlll Temporary seryices^{thus making a} total load of 92 KW to the^{petitioner property} bearing Plot No.^{1015,1016 and} 1017 in Sy. No. 20 and 2Bl1 in Category^- ll^(MlG) of Miyapur^Residential Complex total admeasuring 774.99 Sq.^yds or 647.89^{Sq.mts (each plot}

admeasuring 258.3 3 Sq. yds) situated at [\4iyapur Village, Seriling irmpally ltlandal, Rangareddy Dist'ict as illegal, null, void, arbitrary and conseqr.rently direct the Respondents 2 k) 4 to release the power supply without insistinrl for occupancy certificate.

lA NO: 1 OF 2025

Petition unier Section^'1 5l CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court mav be pleased to direct Respondenls i2 to 4 to release power supply of 15 Nos 3 phase each 5 KW Domestic Services. 1 No 3 phase 5KW for common service, ,:rver and above already existing^' Nc 3phase 12 KW Sc. No.^'1 1057 10085 Cat- Vlll Temporary services thus makrnll a total load of 92 KW to the petitioner propr,;rty bearing Plot No. 1015, 1016 ancl 1017 in Sy. No. 20 and 2Bl1 in Categorr,, - Il (MlG) of Miyapur Residentia Complex total admeasuring 774.99 Sq. yds cr 647.89 Sq.mts (each plot adrne;rsuring 258.33 Sq. yds) situated at Miyapur Village, Serilingampally lv4 i: nd a l, Rangareddy District.

Counsel for the Petitioner : Ms.NlKlTA GOENKA

Counsel for the Respondent No.1 : GP FOR ENERGY

counser for Respondents No.2to4 , 33,S[111?itt REDDY,

Counsel for Resporrdents No.5 : SRI K.RAVI MAHENDER, SC FC]R GHMC

The Court made the following: ORDER

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'r.etlfiFo-rr ,.:-,E'!,^--g-: -//

THE HON'BLE SRI JUSTICE PULLA KARTHIK -

WRIT PETITION No.13O95 OF 2025

ORDER:

With the consent of both the parties, this Writ Petition is

taken up for disposal at the admission stage itself.

This Writ Petition is hled, under Article 226 of the Constitution of India, seeking the following relief:

"...to issue an appropiate Wit, order or direction more particularlg one in the nature of Wnt of MtTtuTQ.mus declairq the action of the Respondents 2 to 4 n not releosing pouer supply of 15 Nos 3 phcLse eech 5 KW Domestic Seruices, 1 No 3 phqse sKW lor common seruice, ouer and aboue already eisting 1 No 3phase 12 KW Sc. No.llO57 1OO85 Cnt-W l'empordry seruices thus making a total loctd of 92 KW to tlle petitiofter propertA beanng Plot No.1O15, 1016 & 1017 in SA. No.2O ancl 2B/1 in Categorg II (MIG) oJ Miyapur Restdentiat Complex totol admeasuring 774.99 Sq. gds or 647.89 Sq.mts (each plot ddnleasuitlg 258.33 :i. yds) situdted at MiAapur Village, Seilingampallg MandaL Rangarecldy Distnct as legal, null, uoid, arbitrary and conseElefttlA (lirect the Respondetlts 2 to 4 to release the power supplg witllout itlsi-sting for occuparu:A cetlificate arui to pass..-"

Heard Ms.Nikita Goenka, Iearned counsel for the petitioner; learned Government. Pleader for Energy for respondent No. 1; Sri N.Sreedhar Reddy, learned Standing Counsel for Southern Power Distribution Company ol Telangana Limited, for respondent Nos.2 to 4; and Sri K.Ravi Mahender, learned Standing Counsel for Greater Hyderabad Municipal Corporation, for respondent No.S.

Learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the order of this Court in W.P.No.6O30 of 2O2O, dated 20.O4.2020, and requested this Court to pass similar order in the present Writ Petition also.

PK,J \ p 13095²⁰²⁵

2

The same is nc,t seriously^{disputedby the learned (io'/ernment} Pleader as n'c ll zLs learned^{Standing Counsel for the respor'dents'}

In vrcu' ol the above submissions^{and for the reasons alikein} thc order of 1-r's, Court in^{W.P.No.6O30 of 2O20, dated 2O 04'2O2O,} this Wnt Petitiot-r is disposed^{of directing the respondents -o release} the power strppll' to^{the premises of the petilioner subjcct to the} compliance^r; f the terms^{and conditions and on furnl shing an} undertaking tc^{produce theoccupancycertificate liomthe} conccrned Mun Lcipal Corporation^{withina prescribedper:od, and if} no such occt.tpanc]' certificate^{is producedwithinsuchpr:riod,it is} open to the rcsponclents^{to take appropriateaction in a':cordance} with lau,.

Misccl..arteous^{pctitions pending,if an1', shallstat Ld closed'}

To,

There sha11 tre rto order^{as to costs}

SD/. L.^LAKSHMIBABU Er qE(YrY lEGrsIB //TRUE COPY// ,<sup>t sEcrtoNoFFlcER

1 The Principal Secretary,^{Power and Energy Department'Secrt')tariat'State of} tetangand^{HYtlerabad-500022'}

2 The Chairman^{and Managing Director,Southern Power Distribution Company} Ltd, of Telang^{a 1a [,4int Compound,HyderaDao'}

3 The Suoerin[endinq^{Engineer, operation Medchal.Circle Soutt ern Power} Distribdtion^{(lo'npahyLtd., of TelanganaMeocnar'}

4 The Assistant^{Divisional Engineer, operation,tvliyapurSubDir"ision'Medchal} ciiirl lSiriii"i;i^{ij;G; DlstiibutioncompanvLtd' or relansana'}

5 The Commissioner,^{Greater Hyderabad Municipal Corporatiott'} SerilingamPallY^{Zone, HYderabad.}

r) One CC to^{l'.4s.NlKlTAGOENKA,Advocate lOPUCl}

7 TwoCCstoCiI]FoRENERGY,HighCourtfortheStateofTt.rlangana.[oUT]

One CC to^{llRl N.SREEDHAR REDDY, SC FOR TGSPDCL' [OPUC]}

/

o One CC to SRI^{K.RAVINDERIMAHENDER, SC FOR GHTMC'[OPUC]} 10.Two CD CoPies

BSK GJP

HIGH COURT

DATED:2810412025

CC TODAY

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ORDER

WP.No.13095 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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