Disposed

Awar Naveen Kumar v. The State of Telangana

Telangana HC2 Dec 2025WP/36685/2025

Case brief

AI extract

What is this about?

Petitioner sought direction for electricity connection extension. Court directed respondents to consider the request subject to compliance with Supreme Court directions in Rajendra Kumar Barjatya and local statutory requirements, disposing of the petition.

What did the court decide?

Directs respondents to consider the case and release service connection subject to compliance with Supreme Court directions and statutory requirements.

Awar Naveen Kumar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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[³³⁰⁰ ]

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

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TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 36685 OF 2025

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Between:

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Awar Naveen Kumar, S/o. A. Jagdish Kumar, Age-^{34 years-} Occ-^{SoftwareEmployee,} Fl/o. H.No.5-5-3512581N63 on Flot No.64, Survey^{Nos.459,462,463,464 and 465} Kukatpally (V), Kukatpally^(M), Medchal-Malkajgiri District,^T.S.

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...PETITIONER

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AND

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

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2 The Southern Power Distribution Company of Telangana^{State Ltd,, Rep.} by its Chairman and Managing Director^{having its Corporate office at 6-1-50,M} int Compound, Hyderabad 500063.

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The Chief General Manager Commercial^{MintCompound TGSPDCL, Hyderabad}

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The Superintending Engineer, Operation/^{Medchal Circle TGSPDC L, Medchal}

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The Divisional Engineer, Operation/^{KukatpallyDivisionT G S P DC L, Medchal-} Malkajgiri District

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The Assistant Divisional Engineer/,^{Operation/ Kukatpally Sub- DivisionT G S P DC} L, [Iedchal-Malkajgiri District

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The Assistant Engineer, SE/OP/GHYD West^{AE Kukatpally, TGSPDC L, Medchal-} Malka,giri District

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The Greater Hyderabad^{Municipal Corporation,Rep.by thdCommissioner,} Kukatpally Zone, Ivledchal-Malkajgiri^District.

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...RESPONDENTS

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Petition under Arlicle 226 of the Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe pleasedto} issue writ order or direction more^particularly oneⁱⁿ the^{nature of WRIT OF MANDAMUS} directing the respondents 2to 7 to^provide electricity^{connection extension of Supplyto 3} Nos 3-$ each sKW Domestic Services, 3 Nos 1-0 each^{2KW DomesticServices and} 1No. 3-Ph sKW for common service, Over and^{above already existing 1 No. 3-l sKW} Sc.No.22O18 26936 Temporary Supply Cat-Vlll thus,^{making a totalloadof 31KW (5KW}

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Temp-supply to be Dismantled^proposal) Connection to the Residential Buildingⁱⁿ H.No.5-5-35/258/A/63 on Plot No.64, in Survey Nos.459, 462, 463, 464 and 465, admeasurhg 256 Sq. Yards, (Out of 5'12 Sq. Yards), situated at Kukatpally^(V), Kukatpally (M), Medchal-Malkajgiri District, T.S., bounded by North- 3d' Wide Road South- House on Plot No.69 East- House on Plot No.63 West- House on Plot No.65. Without insisting upon occupancy certificate from the 8th respondent by holding that the refusal to provide electricity connection to the above referred premises is illegal and arbitrary.

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lA NO: 1 OF 2025

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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 pleased} to direct the respondents 2 lo 7 lo provide electricity connection extension of Supply to 3 No's 3-0 each 5KW Domestic Services, 3 No's 1-fi each 2KW Domestic Services and 1No. 3-Ph 5KW for common service, Over and above already existing 1 No. 3-p sKW Sc.No.22018 26936 Temporary Supply Cat-Vlll thus, making a total load of 31KW (sKW Temp-Supply to be Dismantled^proposal) Connection to the Residential Building in H.No.5-53512581N63 on Plot No.64, in Survey Nos.459, 462,463,464 and 465, admeasuring 256 Sq. Yards, (Out of 512 Sq. Yards), situated at Kukatpally (V), Kukatpally (M), MedchalMalkajgiri District, T.S., bounded by North- 30'Wide Road; South- House on Plot No.69; East- House on Plot No.63; West- House on Plot No.65. Without insisting upon occupancy certificate from the 8th respondent pending disposal of main writ petition and may deem fit and proper in the circumstance of the case.

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Counsel for the Petitioner: SMT THAKUR ROOPA SINGH

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Counsel for the Respondent No 1: GP FOR ENERGY

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Counsel for the Respondents No 2 To 7: SRI N. SREEDHAR REDDY, SC FOR TGSPOCL

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Counsel for the Respondent No 8: SRI K. RAVI MAHENDER, SC FOR GHMC

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI)

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION Ntr.36685 of 2o25

02.L2.2025

Between:

Sri A. Naveen Kumar

...Petitioner

AND

The State of Telangana & seven others

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...Respondents

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ORDER:

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This Writ Petition is filed seeking to issue a writ, order, or direction in the nature of a Writ of Mandamus, directing respondent Nos.2 to 7 to provide electricity connection extension of supply for three 3-phase 5 KW domestic services, three single-phase 2 KW domesiic services, and one 3- phase 5 KW common service, in addition to the existing 3-phase 5 KW temporary service (which is proposed to be dismantled), amounting to a total load of 31 KW to the petitioner's residential building at H.No. 5-53512581A/63, Plot No. 64, in Survey Nos. 459,462,463,464, and 465 at Kukatpally, Medchal-Malkajgiri District. The refusal to provide electricit5r without an occupancy certificate from respondeht No.S is illegal and arbitrary, and therefore the respondents may be directed to give the required electriciqr connection to the subject property of the petitioner without insisting upon the occupancy certilicate

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Heard Smt. Thak,.rr Roopa Singh, learned counsel for the petitioner, learned Government Pleader for Energr on behalf of Respondent No. 1, Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL on behalf of Respondent Nos.2 to 7 and Sri K. Ravi Mahender, learned Standing Counsel on behalf of Respondent No.8-Greater Hyderabad Municipal Corporation.

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Learned counsel for the petitioner submits that in somewhat similar circumstances, while dealing with Writ Petition No.18332 of 2025, this Court, by order datcd 30.06.2025, directed the respondents authorities therein to release the power supply to the premises of the petitioners therein subject to the compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate lrom the concerned Municipal Corporation within a prescribed period, and jf no such occupancy certificate is produced within such period, it is open to the respondents to take appropriate action in accordance with law, and hrence, requested this Court to pass similar order in the present Writ petition also.

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Recently, the Hon'ble supreme court in RaJendra Kumar Barjatga

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a. U.P. Aoas Eaam Vikas Parishadr, in the larger public interest, issued directions in addition to the directives issued in Re: Directions in the matter

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12024 SCC Online 5C3767

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of demolition of structures. Relevant for the purpose of this case are:

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"(iv) All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall be given by the sbrvice provider / Board to the buildings only after the production of the completion / occupation certificate.

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(v) Even after issuance of completion certificate, deviation / violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder / owner / occupant; and the official, who is responsible for issuance of wrongful completion / occupation certificate shall be proceeded departmentally forthwith.

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(vi) No permission / licence to conduct any business I trade must be given by any authorities including local bodies of States /Union Territories in any unauthorised building irrespective of it being residential or commercial building.

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(vii) The development must be in conformit5r with the zonal plan land usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place land in consideration of the larger public interest and the impact on the environment".

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Since the prayer of the petitioner is to release service connection, this Court without going into merits of the matter, directs the respondents to consider the case of the petitioner and release service connection to the subject propert5r, subject to the petitioners complying with the directions issued by the Hon'ble Supreme Court in Ro,jend.rq. Kumar BarJatgrc's case

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(supra) and the statutory requirements prescribed by the local authorities

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The Writ Petition is accordingly, disposed of. No costs

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Consequently, miscellaneous applications, pending if any, shall stand

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closed ,/

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//TRUE COPY//

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SD/. A.H.S. GOWRI SHANKAR ASSISTANT TRAR LEgrs L9-

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SECTION OFFICER

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

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The Chairman and Managing Director having its Corporate office, Southern Power Distribution Company of Telangana State Ltd, at 6-1-50, Mint Compound, Hyderabad 500063.

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