Sri Sudharma Swamy Sthanakvasi Jain Trust v. The Southern Power Distribution Company Of Telangana State Ltd
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 24321 OF 2022 Betwee n:
Sri Sudharma Swamy Sthanakvasi Jain Trust, Rep by its Trustee Swaroopchand Kothari S/o. Shri Laxmichand Kothari Age. 65 years Occ. Business R/o. 3-4-1 01 3/18, Rajendra Colony, Kachiguda, Hyderabad. ...PETITIONER AND The Southern Power Distribution Company of Telangana State Ltd, Rep. by its Chairman and Managing Director having its Corporate office at 6-1-50, ItIint Compound, Hyderabad 500063.
The Superintending Engineer Operation, GHYD Central Circle TSSPDCL Hyderabad.
The Assistant Divisional Enginee(Tech) Operation, Barkatpura Sub-Division TSSPDCL The Assistant Engineer SE/OP/GHYD, Central AE Barkatpura 77 TSSPDCL The Greater Hyderabad lv4unicipal Corporation, Rep. by the Commissioner, Near Tank Bund, 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 it a writ order or direction more particularly one in the nature of WRIT OF MANDAIVUS directing the respondents 1 to 4 to provide electricity connection to the house property house bearing No. 3-4-1013/1 B, admeasuring 272 Sq.yds., srtuated at Veerannagutta, Kachiguda, Hyderabad and bounded by North. By Neighbours property South. By Neighbours property East. By Neighbours property West. By 25' wide road. Without insisting upon occupancy Certificate from the 5th respondent by holding that the refusal to provide electricity connection to the above referred premises as illegal and arbitrary.
l/ 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 respondents 1 to 4 to provide electricity connection to the house bearing No. 3-4-1013/18, admeasuring 272 Sq.yds., situated at Veerannagutta, Kachiguda, Hyderabad and bounded by North. By Neighbours property; South. By Neighbours property; East. By Neighbours property; West. By 25'wide road. Without insisting upon occupancy certificate from Sth respondent pending disposal of main writ petition.
Counsel for the Petitioner: SRI THAKUR ROOPA SINGH Counsel for the Respondent Nos. 1 to 4: SRI R. VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No. 5: SRI PASHAM KRISHNA REDDY, SC FOR GHMC The Court made the following: ORDER
( THE HON'BLE SRI JUSTICE A,ABHISHEK REDDY WRIT PETITION No,24321 of 2022 ORDER:
Heard learned counsel for petitioner and Sri R. Vinod Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited appearing for respondent Nos.1 to 3 and Sri Pasham Krishna Reddy, 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 passed by this Court in W.P.No.26085 of 2018, dated 26.O7.2018, and W.P.No.6030 of 2020, dated 20.O4.2O2O. 3) The above said submission is not disputed by the learned Standing Counsel appearing lor the respondents. I 4l In view of the above and lor 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 certilicate 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 officiai 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 anv, shall stand closed. There shall be no ordcr as to costs.
SD/.MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR .
( tt ,TRUE COPYII SECTION OFFICER To, '1 . The Chairman and Managing Director Southern Power Distribution Company of Telangana State Ltd, hEving its Corporate office at 6-1-50, l\,4int Compound, Hyderabad 500063.
2. The Superintending Engineer Operation, GHYD Central Circle TSSPDCL Hyderabad.
3. The Assistant Divisional Enginee(Tech) Operation, Barkatpura Sub-Division TSSPDCL
4. The Assistant Engineer SE/OP/GHYD, Central AE Barkatpura 77 TSSPDCL
5. The Commissioner,Greater Hyderabad Municipal Corporation, Near Tank Bund, Hyderabad.
6. One CC to SRI THAKUR ROOPA SINGH Advocate IOPUC]
7. One CC to SRI R. VINOD KUIVAR, SC FOR TSSPDCL [OPUC] B. One CC to SRI PASHAM KRISHNA REDDY, SC FOR GHMC [OPUC]
9. Two CD Copies I 10.One Spare Copy.
(Along with order copy dated 26.07.20"18 in W.P. No. 26085 of 2018) NPJ
HIGH COURT DATED:0710612022 :i ,l r, $ t4 lt 2 3 itjil ait > !-
ORDER
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WP.No.24321 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.26O85 of 2Ol8 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 by the order of this Court dt.23.03.20 1 8 in W.P.No. 97 89 ot 2078.
3.
Therefore for reasons alike, this Writ Petition is also disposed of with 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
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 sha1l be no order as to costs 4.
Consequently, miscellaneous petitions pending, if any, shall stand dismissed.
M.S.RAMACHANDRA RAO, J 26th July, 2018.
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