High Court for State of TelanganaWP/9406/2020disposed of no costs

Chekka Sirisha v. The State Of Telangana, And 3 Others

2020-06-30K.Lakshman6 pages

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) TUESDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 9406 OF 2020 Between:

Chekka Sirisha, W/o. Sri Rama Koteswara Rao, Aged about 42 years, Occ. House Wife, F/o Plot No.'15, HMT Sathavahana Nagar, Opp.KPHB Colony, Kukatpally, Hyderabad.

..,PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad-500022,

2. Southern Power Distribution company Ltd, of Telangana Rep. by its Chairman and Managing Director, It4int Compound, Hyderabad.

3. Southern Power Distribution Company Ltd, of Telangana Rep., by its Divisional Engineer (Operation) Jeedimetla Division, lMedchal.

4. Nizampet Municipal Corporation, Rep. by its Commissioner, Nizampet, MedchalMalkajgiri District. RESPONDENTS Petition under Article 226 o'f 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 declaring the action of the Respondents in not releasing the power supply to the petitioner buildings at premises bearing Plot No,173 admeasuring 266.67 sq yards forming part of Sy.Nos.

1ss(part), 156, 1S7(part), 161, 162, 163, 164 and 165 of Vasavi Co-operative Housing Society Limited, situated at Bachupally Village, Pragathi Nagar Gram-Panchayat Quthbullapur Mandal, Ranga Reddy District as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting for occupancy certificate. lA NO: 'l OF 2020 Petition under Section '1 51 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 2nd and 3rd Respondents to release the power supply to the petitioner buildings at premises bearing Plot No,173 admeasuring 266.67 sq yards forming part of Sy.Nos.

155(part), 156, 157(part), 161, 162, 163, 164 and 165 of Vasavi Co-operative HOUsig Society Limited, situated at Bachupally Village, Pragathi Nagar Gram-Panchayat Quthbullapur l\,4andal, Ranga Reddy District. Counsel for the Petitioner: SRI HARI KISHAN KUDIKALA Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 & 3: SRI R. VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No.4: SRI N.

THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.94O6 OF 2O2O ORDER:

This Writ Petition is filed for the following relief: ". . . to issue an appropriate writ, order directron more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the power supply to the petitioner building at premises bearing Plot No.173, admeasuring 266.67 sq. yards forming part of Sy.Nos.155(part), 156, 1S7(part), 16l, 162, I63, 164 & 165 ol Vasavi Co-operative Housing Society Limited', situated at Bachupally Village, Pragathi Nagar Gram Panchayat, Quthbullapur Mandal, Ranga Reddy District, as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting for occupancy certificate..."

When the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present Writ Petition is squarely covered by the order dated 26.07.2018 passed by this Court in W.P.No.26085 of 2018.

Learned Government Pleader for Energr, appearing for respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, appearing for respondent l\-os.I to 3 and Sri N.Praveen Kumar, learned Standing Counsel for respondent No.4, do not dispute the aforesaid submission.

In vier,', of the above, for the reasons alike in the said order, this Writ Petition is disposed of directing the respondents to release power supply to the premises of the petitioner subj ect to the compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the

concerned 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 action in accordance with 1aw. Miscellaneous petitions pending, if any, shall stand disposed of. There sha,ll be no order as to costs. SD/.CH.VEN KATESWARU LU ASSISTANT REGISTRAR //TRUE COPY'

SECTION OFFICER To, '1 . The Principal Secretary, Power and Energy Department, State of Telangana, Secretariat, Hyderabad-500022.

2. The Chairman and Managing Director, Southern Power Distribution company Ltd, of Telangana Mint Compound, Hyderabad.

3. The Divisional Engineer (Operation), Southern Power Distribution Company Ltd, of Telangana Jeedimetla Division, It/edchal.

4. The Commissioner, Nizampet I\,4unicipal Corporation, Nizampet, Medchal-Malkajgiri District.

5. One CC to Sri Hari Kishan Kudikala, Advocate IOPUC]

6. One CC to Sri R. Vinod Reddy, SC for TSSPDCL, Advocate IOPUCI

7. One CC to Sri N.Praveen Kumar, SC for NMC, Advocate [OPUC] B. Two CCs to GP for Energy, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies (Along with a copy of order dt:2610712018 in W.P.No.26085 of 2018 ) "U-

HIGH COURT DATED:3010612020

ORDER

WP.No.9406 ot 2020 lA s ( c \it o (J I JllI C) -} I ,* * (_S PAT O.

DISPOSING OF THE WP WITHOUT COSTS L 0o v /

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PPTITION No.26O85 of 2O18 ORDER:

Heard counsel for the petitioner, Sri R. Vinod Reddy, Standing Counsel for Telangana State Southern Power Distribution Corporation Limited, appearing for respondents 1 to 3, and Sri L.Venkateshwar Rao, Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for 4th respondent.

2. It is stated by learned counsel appearing for the petitioner as well as Sri R.Vinod Reddy, Standing counsel appearing for respondent Nos.1 to 3 that the issue in this Writ Petition is covered bv the order of this Court dt.23.03.20 18 in W.P.No.9789 of 2018.

Therefore for reasons alike, this Writ Petition is also disposed of u,ith a direction to the respondents to release the power supply to the premises of the petitioner subject to the compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the concerned Municrpal 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 action in accordance with law. There shall be no order as to costs

Consequently, miscellaneous petitions pending, ii an1,, shall stand dismissed M.S.RAMACHANDRA RAO, J 26th July, 2018.

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