Nirmala Joshi v. The Southern Power Distribution Company Of Telangana State Ltd

HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.9261 OF 2019 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue appropriate Writ, order or orders 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 property bearing No. 6-1-151 Padmaraonagar Secunderabad as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting to Occupancy Certificate from the 4th respondent and to pass such other order or orders appropriate in the case."

2.

Heard Smt M.Shalini, learned counsel appearing for the petitioner, Sri R.Vinod Reddy, learned Standing Counsel for the Telangana State Southern Power Distribution Company Limited, appearing for respondents 1 to 3 and Sri Chatla Madhu, learned Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for the 4th respondent.

3.

The case of the petitioner is that she is the owner and possessor of the house property bearing No.6-1-151, situated at Padmaraonagar, Secunderabad, and that the petitioner commenced construction on the said premises and after completion of construction, the petitioner has made an application for power supply to the subject property by paying all the required fees to the respondents, but the respondents have directed the petitioner to submit the Occupancy Rights Certificate. Aggrieved by the same, the present writ petition is filed.

TA, J W.P.No.9261 of 2019 4.

The main grievance of the petitioner is that she seeks a direction to release power connection to the subject property without insisting for any Occupancy Rights Certificate. 5.

Sri Chatla Madhu, learned Standing Counsel appearing for the 4th respondent submits that the subject property is not in violation of any Greater Hyderabad Municipal Corporation Rules and Regulations and the Electricity power connection can be accorded to the petitioner.

6.

In reply, Sri R.Vinod Reddy, learned Standing Counsel appearing for respondents 1 to 3 submits that the respondents would release the electricity power connection to the petitioner, subject to the petitioner submitting an application to the respondents, in accordance with law.

7.

In view of the above, the Writ Petition is disposed of directing the petitioner to submit an application to the respondent requesting to release the electricity power connection to the subject property of the petitioner without insisting any Occupancy Rights Certificate and on receipt of such application, the respondents shall consider the same, in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of such application. There shall be no order as to costs. Miscellaneous Petitions, if any pending, shall stand closed. _________________________ T.AMARNATH GOUD, J Date: 30th April, 2019 KL

TA, J W.P.No.9261 of 2019 HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.9261 OF 2019 Date: 30th April, 2019 KL