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High Court for State of TelanganaWP/8144/2023disposed of no costs

E.Madhava Rao v. Southern Power Distribution Company Ltd., Of Telangana And 2 Others

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 TWENTYTHREE PRESENT THE HONOURABLE SMTJUSTICE P.MADHAVI DEVI ;

E. Madhava Rao, S/o. E. Punnaiah, Aged about. 50 years, Occ.Business, R/o.Plot. No.9, H.No.2-22-108114, Vijayanagar Colony, Pipe Line Road, Bhagyanagar Colony, Opp. KPHB, Kukatpally, Hyderabad, Telangana State ...PETITIONER AND 'l . Southern Power Distribution Company Ltd., of Telangana, rep. by its Chairman and Managing 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 ot 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 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 petitioners building in Plot No.836, admeasuring 25O sq.yds, in survey Number 78, HafeezpetVillage, Serilingampally Mandal, Under GHMC Serilingampally Circle, Ranga Reddy District as illegal, arbitrary, unjust and consequently direct the respondents to process individual applications for providing individual electricity connections and to release individual seryice connections with meters to each portion without any further delay.

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. No.g36, admeasuring 250 sq.yds, in survey Number 78, situated at Hafeezpet Village, serilingampally [\4andal, Under GHlvc serilingampally circle, Ranga Reddy District.

Counsel for the Petitioner: SRt SATHVIK MAKUNUR Counsel for the Respondents: sRl R. vtNoD REDDY (sc FoR TSTRANSCO) The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE P.MADHAVI DEW WRIT PETITION No.8l44 of 2O2S 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 electricit5r connections to the individual portions of the petitioner's building in plot No.g36, admeasuring 25o Sq.Yds. in Sy.No.78 Hafeezpet village, Serilingampally Mandal under GHMC Serilingampally circle, Ranga Reddy District, as illegal and arbitrary and consequently to direct the respondents to process the individual applications for providing individual electricity connections and to release individual service connections with meters to each portion of the petitioner,s property without any further delay and to pass such other order as orders. 2.

Heard Mr.Sathvik Mukunur, learned counsel for the petitioner, \ \ Sri R.Vinod Reddy, learned Standing counsel for TSSpDCL appearing for respondents No.l 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 that the petitioner is the owner and possessor of the property ptot No.g36, admeasuring 25o Sq.Yds. in Sy.No.78 Hafeezpet village, Serilingampally Manda1 under GHMC Serilingampally circle, Ranga Reddy District, vide Agreement of Sale executed in June, 2oo8 and the petitioner had i i,i

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W I' No.8 l,l4 of )023 f applied for domestic electricity connection to the said property vide acknowledgment dated 27.O2.2023 to the respondents. But as on this date, the respondents have not considered and given any power supply to the petitioner, which is contrary to Section 43 of the Electricity Act, 2OO3 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 27.O2.2O23 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/. C. PRAVEEN ASSISTANT //TRUE COPY/ SECTION ;!

To, \

HIGH COURT DATED i2410312023 r\E si4 )-- , /_J Y )-

ORDER

3 1 t{i\n ?il?3 WP.No.8144 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t , 7\a* ,