M/S Ramulamma Stone Crushing v. The Telangana State Southern Power Distribution Company

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 15646 OF 2015 DATED 8TH JUNE, 2015.

BETWEEN M/s. Ramulamma Stone Crushing Rep. by its Proprietor, Mohd. Khaja Taqeeuddin, Shamshabad Mandal, Ranga Reddy District.

....Petitioner And The Telangana State Southern Power Distribution Company Limited, rep. by its Managing Director, Hyderabad and ors,.

...Respondents.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 15646 OF 2015 ORDER:

Heard learned Counsel for the petitioner and learned Standing Counsel for respondents 1 to 4.

The petitioner is a stone crushing unit at Kothwalguda village, Shamshabad Mandal, Ranga Reddy District. Due to financial difficulties, the petitioner-Unit was stopped for some time. Power supply to the petitioner-Unit was disconnected on 22.05.2013. The petitioner made requests for restoration of power supply under the sick unit revival scheme and

accordingly the respondents issued Memo No.

CGM(Com)SE(C)/ADE-III/D.No.1406/14, dated 20.10.2014 for restoration of power supply. The said Memo was communicated to the second respondent with a direction to restore the power supply on receipt of Rs.9,79,369/-. The second respondent, however, in para of his letter No.SE/OP/RRS/SAO/JAO/HT/D.No.473, dated 30.10.2014 required the petitioner among other things to submit NOC from APPCB, Water Works and HMDA departments for restoration of power supply. The present Writ Petition is filed specifically challenging the said condition.

The learned Standing Counsel for the respondents fairly submits that no such permission is required for restoration of power supply as per the terms and conditions of power supply applicable to the petitioner-Unit.

In the circumstances, this Writ Petition is allowed directing the second respondent to restore power supply to the petitioner-Unit on its individual terms and conditions of supply provided to the petitioner without insisting for production of NOC from APPCB, Water Works and HMDA departments. It is needless to state that the concerned authorities of APPCB, Water Works and HMDA are entitled to take action as they deem fit and proper against the petitioner under their Rules & Regulations and laws in vogue.

The Writ Petition is allowed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

---------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO Dated 8TH JUNE, 2015.

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