M/S. Poojitha Estates v. The State Of Telangana And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITtoN NO: 20169 OF 2022 Between:

p by its Partner S.

Occ. Business. R/ Mohan Rao S/o S. Nagendram, o Plot No.36, Sunder Nagar, lr,4/s. Poojitha Estates, Re aged about 56 Years, Hyderabad.

...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad-500022 Southern Power Distribution Company Ltd., of Telangana, Rep by its Chairman and Managing Director, Mint Compound, Hyderabad' Southern Power Distribution Company Ltd.' of Telangana, Rep,, by its Drvisional Engineer (Operation) Kukatpally Division, Medchal. Nizampet Municipal Corporation, Rep. by its Commissioner, Nizampet, Medchal-Malkajgiri District.

...RESPONDENTS Petition under Article 226 of lhe 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 Property bearing Plot No.72, admeasuring 266.66 sq yards, covered by Sy Nos 264 and 265' Situated at Bachupally village and Grampanchayat, Quthbullapur Mandal, Ranga Reddy District, now, Medchal-tvalkajg iri District as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting for occupancy certificate.

lA NO: 1 OF 2022 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 2nd and 3rd Respondents to release the power supply to the petitioner building at premises Property bearing Plot No.72, admeasuring 266.66 sq yards, covered by Sy.Nos.264 and 265, Situated at Bachupally village and Grampanchayat, Quthbullapur Mandal, Ranga Reddy District, now, Medchal-Malkajgiri District. Counsel for the Petitioner: SRI B. MANOJ KUMAR Counsel for the Respondent No. 1: GP FOR ENERGY Counsel for the Respondent Nos. 2 & 3: SRI R. VINOD KUMAR, SC FOR TSSPDCL Counsel for the Respondent No. 4: SRI N. PRAVEEN KUMAR, SC FOR MUNICIPALITIES The Court made the following: ORDER

THE HON'BLE SRI JUSTICE A,ABHISHEK REDDY WRIT PETITION No.2OL69 of 2022 ORDER:

Heard learned counsel for the petitioner, 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 Nos.2 and 3 and Sri N. Praveen Kumar, learned Standing Counsel appearing for respondent No.4. With their consent, the present Writ Petition is being disposed of at the stage of admission itself.

2l When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that the issue raised in the present writ petition is squarely covered by the orders I passed by this Court in W.P.No.26085 of 2018, dated 26.O7.2018, and W.P.No.6030 of 2020, dated 2O.O4.2O2O. Ii 3) The above said submission is not disputed by the iearned Standing Counsel appearing for the respondent Nos.2 & 3 and 4 herein.

4l In view of the above and for the reasons alike in the order dated 26.O7.2018, passed in W.p.No.26085 of 2018, the present

Writ Petition is disposed of directing the respondents to release the power supply to the subject premises of the petitioner, subject to compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the Municipal Corporation concerned, 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. Further, this order does not preclude the official respondents from rejecting the application made by the petitioner, if it is found that the subject property is a vacant land and no structure is in existence. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs SD/-B.SATYAVATHI ASSISTANT REGISTRAR ,- ll 'r ,TRUE COPY// SECTION OFFICER \ To,

1. The Principal Secretary, Power and Energy Department' State of Telangana Secretariai, HYderabad-500022 2.TheChairmanandManagingDirector,southernPowerDistributionCompany Ltd.. of Telangana, Mint Compound' HyderaDao'

3. The Divisional Engineer (Operation) Southern Power Distribution Company " Li;'.;ii"i;ns;r: xrkripdttv Division Medchal'

4. The Commissioner,Nizampet Municipal Corporation, Nizampet, MedchalMalka.igiri District.

5. One CC to SRI B. MANOJ KUMAR Advocate IOPUC]

6. One CC to SRI R, VINOD REDDY, SC FOR TSSPDCL IOPUC]

7. One CC to SRI N. PRAVEEN KUMAR, SC FOR MUNICIPALITIES [OPUC]

8. Two CCs to GP FOR ENERGY' High Court for the State of Telangana at Hyderabad . [OUT] 9, Two CD CoPies.

10. One spare coPY.

(Along with the copy of order dated 26 07 2018 in W P NO 26085 of 201 8) i NPJ

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HIGH COURT DATED:21 10412022 MAY 2 0f

ORDER

WP.No.20169 of 2022 WITHOUT COSTS. 9ffvDISPOSING OF THE WRIT PETITION

V THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION 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.Venkateshr,r'ar 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.23.03.2018 in W.P.No.9789 0f 2018.

3.

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 Municipal Corporation

).

V 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. There shall be no order as to costs 4.

Consequently, miscellaneous petitions pending, if any, sha1I stand dismissed.

M.S.RAMACHANDRA RAO, J 26th July, 2018.

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