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High Court for State of TelanganaWP/8128/2023disposed of no costs

Boini Mallesh Yadav v. Southern Power Distribution Company Ltd.T.S

2023-03-24T.Madhavi Devi5 pages

, 1321e 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI WRIT PETITION NO: 8128 OF 2023 Between:

Boini Mallesh Yadav, S/o. Late. B. Laxmaiah Yadav, Aged about 44 years, Occ: Business, R/o. H.No.1-48, Old Hafeezpet, Serilingampally Mandal, R. R.Dist. Hyderabad, Telangana State.

...PETITIONER AND

1. Southern Power Distribution Company Ltd.T.S, rep. by its Chairman AND [\Ianaging Director, Mint Compound, Hyderabad.

2. Southern Power Distribution Company Ltd. of Telangana, rep. by its Superintending Engineer (operation) Cybercity, Hyderabad.

3. Southern Power Distribution Company Ltd., of Telangana, rep. by its ADE/Opn/Chanda Nagar, Hyderabad.

...RESPONDENTS Petition under Article 226 of the Constitution of lndia 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 by declaring the action of the Respondents in not processing the individual applications for release of individual electricity connections to the individual portions of the petitioner's building in plot no. 8 in Sainath Enclave, in sy.no. 78, admeasuring 1044 sq.yds situated at Venkataramana Colony, Serilingampally [\Iunicipality, now under GHMC Serilingampally Circle, R.R.Dist. as illegal, arbitrary, unjust and consequently direct the respondents to process individual applications for providing individual electricity connections and to release individual service connections with meters to each portion without any further delay.

lA NO: 1 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 3rd Respondent to process individual applications for providing individual electricity connections and to release individual service connections

with meters to each portion of the petitioner's building in plot no. B in Sainath Enclave, in sy.no. 78. admeasuring 1044 sq.yds situated at Venkataramana Colony, Serilingampally t\/unicipality, now under GHtt/C Serilingampally Circle, R. R. Dist.

Gounsel for the Petitioner: SRI SATHVIK MAKUNUR Counsel for the Respondents: SRI R. VINOD REDDY (SC FOR TSTRANSCO) The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.8l28 of 2023 ORDER:

This Writ Petition is filed seeking a writ of mandamus by declaring the action of the respondents in not processing the individual applications for release of individual electricity connections to the individual portions of the petitioner's building in Plot No.8, in Sainath Enclave, in Sy.No.78 admeasuring lO44 Sq.yds situated at Venkataramana colony, Serilingampally Municipality now under GHMC Serilingampally Circle, Ranga Reddy District, as illegal and arbitrary and consequently to direct the respondents to process the applications for providing the individual electricity connections and to release service connections with meters to petitioner's property without any further delay and to pass such other order as orders. 2.

Hlard Mr.Sathvik Mukunur, learned counsel for the petitioner, sri R.Vinod Reddy, learned Standing counsel for TSSPDCL appearing for respondents No.1 to 3, and the writ Petition is disposed of at admission stage with the consent of both the parties. \ \ 3.

Learned Counsel for the petitioner submitted t]:at t]le i M/s.Aravinda old Age Home managed by sri sai Aravinda Seva Trust i I by its managing trustee Mr.T.Pratap Reddy, S/o. Late Ramachandra :

Reddy, executed a relinquishment deed dated 17.LO.2O22 in favour of the petitioner with respect to Plot No.S, in Sainath Enclave, in

[,lul),.{ W.P.No.8I28 of '2O23 Sy.No.78 admeasuring 7044 Sq.yds situated at Venkataramana colony, Serilingampaliy Municipality now under GHMC Serilingampally Circie, Ranga Reddy District and the petitioner had applied for domestic electricity connection to the said property vide acknowledgment dated 17.O2.2O23 to the respondents. But as on this date, the respondents have not considered and given any power supply to the petitioner, which is contrar5r to Section 43 of the Electricity Act, 2003 and requested to direct the respondents to consider the petitioner's application and pass appropriate orders. 4.

In view of the same, the writ Petition is disposed of at the admission stage directing the respondents to consider the application filed by the petitioner dated 17.02.2023 as per law, and provide power supply or pass appropriate orders on the application filed by the petitioner, within four (4) weeks from the date of receipt of copy of this order. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall also stand closed.

SD/. G. PRAVEEN ASSISTANT / /TRUE COPYII SECTION OFFICER To, t!

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HIGH COURT DATED i2410312023 \"\F- sl4 \

ORDER

3 1 lullfl ?!,,,?3 WP.No.8128 ot 2023 !.:-. * DISPOSING OF THE WRIT PETITION WITHOUT COSTS