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High Court for State of TelanganaWP/4913/2021disposed of no costs

Himavarni Singh v. Telangana State Southern Power Distribution Corporation Limited

2021-03-01A.Abhishek Reddy6 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) MONDAY, THE FIRST DAY OF I/ARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO:4913 OF 2021 Between:

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20 years, yderabad.

PETITIONER Himavarni Singh, D/o Sri Vanamali Polavaram, aged about Occ.Stuedent, Fl/o Plot No.564, A/12, Road No.92, Phase-lll Jubilee H 1...

Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad Rep. by its Chairman-cum-Managing Director. The Superintending Engineer, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad. The Divisional Engineer, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Kukatplly, Hyderabad. The Asst. Divisional Engineer, Telangana State Southern Power Distribution Corporation Limited, Ayyappa Society, Madhapur, Hyderabad. Greater Hyderabad tt4unicipal Corporation Hyderabad Circle, Tank Bund, Rep. by its commissioner'

...RESP.N'ENTS l;

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Petition under Article 226 of ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, order or direction more particularly one in the nature of Writ of lMandamus declaring the Respondents in not receiving the application form and not releasing the power supply to the petitioner H.no.2-5611'1 admeasuring 200sq yards oJt Jt ooo sq yards ri,itn oLirt up area of 1oo sq feet of A.C.C.

roofing, situated at Ldmbadi Tanda Khanamet Village Serilingampally Mandal, Ranga Reddy District as ill6gal, null, void, arbitrary and consequently direct the respondents to release the power supply without being influenced by the instructions of the 5th respondent lA NO: 1 OF 2021 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 Respondents 1 to 4 to receive the application form and release the power supply to the petitioner House Bearing H.No. 2-5611 1. admeasuring 200 sq yards out of 600 sq yards with built up area of 100 sq feet of A.C.C. roofing, Situated at Lambadi Tanda, Khanamet Village, Serilingampally Mandal, Ranga Reddy District Counsel for the Petitioner: SRI HARI KISHAN KUDIKALA Counsel for Respondent Nos.

1 to 4: SRI R. VINOD REDDY, SC FOR TSSPDCL Counsel for Respondent No.5: SRI N.

/ / THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.4913 of 2O2l ORDER:

Heard the learned counsel for the petitioner, Sri R.Vinod 't ) Reddy, the learned Standing counsel for Telangana State Southern Power Distribution Company Limited, appearing for respondent Nos.l to 4, and the learned Standing counsel appearing for respondent No.5. With their consent, the Writ Petition is disposed of at the stage of admission itself.

When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the lis in the present writ petition is squarely covered by the orders passed by this Court in W.P.No.22849 of 2018, dated 05.O7.20i8, W.P.21100 of 2019, dated 25.09.2019, and W.P.No.7997 of 2O2O, dated I 1.06.2020. The above said submission is not disputed by the learned Standing Counsels appearing for the respondents herein. In view of the same and for the reasons alike in the orders referred to above, the present Writ Petition is disposed of directing the respondents to release individual service connection to the petitioner within a period of four weeks from the date of receipt of a copy of this order, subject to the petitioner fulfilling the other formalities and conditions stipulated by TSSPDCL. The service connection so given shall be subject to further directions that may be issued by the State of Telangana or the Apex Court in the litigation pending before it arising out of the order, dated 12.09.2012, in W,P.No.20407 of 2OOB & batch.

4- \ The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

SD/.K.SAILESHI ASSISTANT REGIST R ,TRUE COPY'

SECTION OFFICER \ ,I The Chairman and Managing Director, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajig-!da, Hyderabad. The Superintending Engineer, Telangana State Southern Power Distribution Corpordtion Limited, Vidyuth Soudha, Somajiguda, Hyderabad. The Divisional Engineer,- Telangana State Southern Power Distribution Corporation Limit;d, Vidyuth SSudha, Kukatplly, Hyderabad. T'he Asst. Divisional Engineer, Telangana State Southern Power Distribution Corooration Limited. Avvappa SocietV, Madhapur, Hyderabad. The Commissioner, Grb'atei Hyderab'ad Municipal Corporation Hyderabad Circle, Tank Bund.

6. One CC to Sri Hari Kishan Kudikala Advocate [OPUC]

7. One CC to Sri R. Vinod Reddy, SC forTelangana State Southern Power Distribution Corporation Limited (OPUC) B. One CC to Sri N. Praveen Kumai, SC for Municipalities(OPuC) r (Along with a copy of Order dated 05.07.52018 in W.P.No .22849 of 20181 | 9. Two CD Copies MBC l i i i

HIGH COUR DATED: 0110312021 e tl .T oo 1 2 l',lAH o * * F.sP4T o ER WP.No.4913 ot 2021 l i i DISPOSING OF THE WRIT PETITION WITHOUT COSTS wY

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P. No.22849 of 2018 ORDER:

Heard counsel lor the petitioners, the Government Pleader for Energr appearing for 1st respondent, Sri R.Vinod Reddy, Standing Counsel appearing for respondents 2 to 5.

2. The Greater Hyderabad Municipal Corporation represented by its Commissioner, is suo motu impleaded as a party respondent in the Writ Petition.

3. It is stated by counsel on either side that the issue in this Writ Petition is covered by the order passed by this Court in W.P.No.326 14 of 2015 dt. 18.12.20t5.

4.

Therefore, for reasons alike, this Writ Petition is also disposed of directing the respondents to release new service connections to the petitioners on payment of requisite charges by the petitioners r,",ithin a period of four (04) weeks from the date ol receipt of a copy of this order, which shall be subject to the further directions which may be issued by the State Government of Telangana or the Supreme Court, which ls considering the judgment dt.,L2.09.2O12 of Division Bench of this Court in W.P.No.20407 of 2OO8 and batch. No order as to costs.

if anv, Consequently, miscellaneous petitions pending' shall stand dismissed.

M.S.RAMACHANDRA RAO' J 05th July, 2O18'

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