Vittal Rahul Bhargav v. Southern Power Distribution Company Of Telangana Limited And 3 Others
[32Ie I HTGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Spccial Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT TIIE I{ONOURABLE SMT JUSTICE P.MADIIAVI DEVI WRIT PETITION NO: 2347 OF 2023 Between:
Vittal Rahul Bhargav, S/o Vittal Ravi, Occ. Business, r/o H.No. 1-9-2961A19, Vidyanagar, Musheerabad, Hyderabad.
..,PETITIONER ANDl. Southem Power Distribution Company olTelangana Limited, rep. by its Chairman and Managing Director, having its Corporate Office at 6-1-50, Mint Compound, Hyderabad.
2. The Chief General Manager, Operation Metro Zone, TSSPDCL, Hyderabad.
3. The Assistant Divisional Engineer, Operation, TSSPDCL, Barkathpura Sub-Division, Hyderabad
4. Greater Hyderabad Municipal Corporation, rep. by its Commissioner, office at Tank bund, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of India 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 Mandamus, to declare the inaction of the respondent authorities in releasing the power supply in respect of the premises bearing H.No.l-9-]12/A/4, A/1, Al4ll and A/112, situated at Yousufbagh, Vidyanagar, Adikmet, Hyderabad, inspite of completion of the formalities and payment of the requisite amount as being illegal, arbitrary and unjust and consequently direct the respondent Nos.
l to 3 herein to release the power supply without insisting to Occupancy Certificate from the 4th respondent, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances ofthe case IA NO: I OF 2023 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 to direct the Respondent Nos.l to 3 herein to provide the electricity connection to the premises bearing H.No.l -9-3121A/4, N1, Al4ll and, Al112, situated at Yousufbagh, Vidyanagar, Adikmet, Hyderabad, without insisting upon Occupancy Certificate from the 4th respondent Counsel for the Petitioner : SRI. PERLA NARESH BABU Counscl for the Respondcnt Nos.I to 3 : SRI R VINOD REDDY(SC) Counsel for the Respondent No.
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.2347 of 2023 ORDER:
Heard the learned counsel for the petitioner, and Sri R.Vinod Reddy, Iearned Standing Counsel appearing for respondent Nos. I to 3 and Sri K.Ravinder Reddy, learned Standing Counsel appearing for respondent No.4. With their consent, the Writ Petition is t I disposed of at the stage of admission itself. 2.
When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the issue raised in the present Writ Petition is squarely covered by the orders passed by this Court in W.P.No.39196 ol 2022 dated2l .1O.2022.
3.
The above said submission is not disputed by the learned Standing Counsel appearing for the respondents herein. 4.
In view of the same and for the- reasons alike in the order dated 21.1O.2O22 passed inW.P.No.39196 of 2022,the presentWrit Petition is disposed of directing the respondents to release the 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 Municipal Corporation, within a prescribed period, and if no such occupancy certificate is produced within such period, it is open to the respondents to take appropriate
PMD,J W.P.No.2347 of 2023 action in accordance with law. Further, this order does not preclude the official respondents from rejecting the application made by the petitioner, if it is found that the subject property is a vacant land and no structure is in existence. There shall no order as to costs. Miscellaneous applications, if any pending, shall also stand closed.
SD/.MOHD.ISMAIL ASSISTANT REGISTRAR L //TRUE COPY/I SECTION OFFICER To,
1. The Chairman and Managing Director, Southem Power Distribution Company of Telangana Limited, having its Corporate Office at 6-l-50, Mint Compound, Hyderabad.
2. The Chief General Manager, Operation Metro Zone, TSSPDCL, Hyderabad.
3. The Assistant Divisional Engineer, Operation, TSSPDCL, Barkathpura SubDivision, Hyderabad
4. The Commissioner, Greater Hyderabad Municipal Corporation, office at Tank bund, Hyderabad
5. One CC to SRI. PERLA NARESH BABU, Advocate [OPUC]
6. One CC to SRI. K RAVINDER REDDY(SC) [OPUC]
7. One CC to SRr. R VINOD REDDY(SC) [OPUC]
8. Two CD Copies _-.-_--
HICH COURT PMDJ DATED:30/01/2023 ,E STA .\\ a\> |,) L) ( flrs /, 1E tEB ?il'8 \",.9 \.lt r,o--.'r -\+=;.-
ORDER
WP.No.2347 of 2023 WRIT PETITION IS DISPOSED OF WITHOUT COSTS