Madhu Vishanji Shah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Madhu Vishanji Shah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed at admission stage in terms of the Court's order dated 31.01.2025 in W.P. No. 2180 of 2025: respondent Nos. 2 to 7 directed to consider the petitioners' request for power supply (LT connections, 11 x 7 KW = 77 KW plus existing temporary service of 7 KW, total 84 KW, with separate 100 KVA DTR) upon compliance with required terms and conditions as per rules in force and upon the petitioners furnishing an undertaking to produce the occupancy certificate within the prescribed period, failing which respondents may take appropriate action in accordance with law; no order as to costs; pending miscellaneous applications (including I.A. No. 1 of 2025) stood closed.

Issue for consideration

Whether the inaction of respondent Nos. 2 to 7 (TGSPDCL) in not processing the petitioners' application (ICSC Registered No. LTM 231280004) and not releasing LT power supply (11 Nos. x 7 KW = 77 KW plus existing temporary service D1008644 of 7 KW, total 84 KW, with a separate 100 KVA DTR in Himayatnagar Section, Saifabad Division) to the petitioners' residential property (1 cellar + 1 silt + 5 upper floors) at Municipal Nos. 1-2-49, 1-2-49/A, Gagan Mahal Road, Domalguda, Hyderabad, is illegal, arbitrary and violative of Articles 14 and 300A of the Constitution. +1 more

Court's answer

Finding the subject issue squarely covered by this Court's order dated 31.01.2025 in W.P. No. 2180 of 2025, the Judge disposed of the writ petition at the admission stage in terms of that order, directing the respondents to consider the request of the petitioners to provide power supply to the residential property comprising 1 cellar + 1 silt + 5 upper floors.

Ratio / Principle

The respondents were to consider providing an LT Connection with 3-phase meters (11 Nos. x 7 KW = 77 KW) in addition to the existing temporary supply service (D1008644) of 7 KW, making a total load of 84 KW, along with a separate 100 KVA DTR in Himayatnagar Section, Saifabad Division, under Capital Works vide ICSC Registered No. LTM 231280004 dated 11.06.2024, upon the petitioners complying with the required terms and conditions as per the rules in force. (Passage partly OCR-degraded; substance reconstructed from legible fragments.)

Key takeaways

Release of supply was conditioned on the petitioners furnishing an undertaking to produce the occupancy certificate from the Municipal Corporation concerned within a prescribed (reasonable) period specified by the respondent Authority; the OC was thus not waived but deferred through the undertaking mechanism.ratio¶¶48
If no occupancy certificate is produced by the petitioners within the prescribed time, it is open to respondent Nos. 2 to 7 to take appropriate action, in accordance with law.ratio¶¶48

Detailed headnote1 paragraphs

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Mrs Justice Surepalli Nanda), W.P. No. 3837 of 2025, decided 11.02.2025 - Two petitioners (Madhu Vishanli Shah, housewife, aged 74, and Chetan Maru, businessman, aged about 50, of Kanchanjunga Complex, King Koti) sought a Writ of Mandamus declaring illegal, arbitrary and violative of Articles 14 and 300A of the Constitution the action of respondent Nos. 2 to 7 (TGSPDCL officials up to Chief General Manager level) in not processing their application vide ICSC Registered No. LTM 231280004 (dated 11.06.2024) and not releasing power supply to their residential property (1 cellar + 1 silt + 5 upper floors, 934.43 sq yds, Municipal Nos. 1-2-49, 1-2-49/A, Gagan Mahal Road, Domalguda, Hyderabad) by providing an LT Connection with 3-phase meters (11 Nos. x 7 KW = 77 KW) in addition to the existing temporary supply service (D1008644) of 7 KW, total load 84 KW, along with a separate 100 KVA DTR in Himayatnagar Section of Saifabad Division under Capital Works, without insisting on an occupancy certificate (OC); an I.A. No. 1 of 2025 under Section 151 CPC sought interim directions to process the application. Counsel on both sides represented that the subject issue was squarely covered by this Court's order dated 31.01.2025 in W.P. No. 2180 of 2025; the Judge thereupon disposed of the petition at the admission stage in terms of that order: respondents to consider the supply request upon compliance with the required terms and conditions as per rules in force, and upon the petitioners furnishing an undertaking to produce the OC from the concerned Municipal Corporation within the prescribed period; if no OC is produced within that time, respondent Nos. 2 to 7 are free to take appropriate action in accordance with law. No costs; pending miscellaneous applications closed.