M/S. Seven Hills Constructions v. The State Of Telangana And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A,ABHISHEK REDDY WRIT PETITION NO: 22987 OF 2020 Between:
lvl/s. Seven Hills Constructions, Rep. By its Managing Partner Valluri Narayana Rao Sio Late Sri V. Satyanarayana, aged about 36 years, Occ. Business Rl/o Plot No.24, Flat No.G/1, Sai Karishnaja Hills, Near Vikas Concept School, Bachupally Village and Mandal, Medchal-Malkajgiri District.
...'ET,T'ONER 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, [\/int Compound, Hyderabad.
3. Southern Power Distribution Company Ltd., of Telangana, Rep., by Divisional Engineer (Operational) Kukatpally Division, Medchal.
4. Nizampet Municipal Corporation, Rep. by its Commissioner, Nizampet, Medchal-Malkajgiri District'
...RES'.NDENT'
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 House bearing Plot No.50 Part, admeasuring 325 sq yards in sy.Nos.300 Par1, 302, Part, 309 Part, of Sai Krishnaja Hills Situated at Bachupally Village, G.P., and Mandal, Medchal-Malkajgiri Distict as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting for occupancy certificate.
lA NO: 1 OF 2020 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 House bearing Plot No.50 Part, admeasuring,325 sq yards in sy.Nos.300 Pan, 302, Part, 309 Part, of Sai Krishnaja Hills Situated at Bachupally Village, G.P., and Mandal, Medchal-Malkajgiri Distict.
Counsel for the Petitioner :SRl B. MANOJ KUMAR 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. PRAVEEN KUMAR, SC FOR MUNICIPALITY The Courl made the following: ORDER
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.22987 of 2O2O ORDER:
Heard the learned counsel for the petitioner, the learned , Government Pleader for Energr for respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited appearing for respondent Nos.2 to 3, and Sri N. Praveen Kumar, learned Standing Counsel, appearing for respondent No.4. With their consent, the Writ Petition is disposed of at the stage of admission itself. 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 26.07.2018, and W.P.No.6030 of 2O2O, dated 20.O4.2020.
The above said submission is not disputed by the learned Standing Counsels appearing for the respondents herein. In view of the same 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 suppiy to the premises of the petitioner, subject to 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 Ociupancy Certificate is produced within such period, it is open to the respondents to take appropriate action, in accordance with 1aw.
The miscellaneous petitions pending, if any, sha11 stand closed. There shall be no order as to costs.
SD/-V.SUDHA ASSISTANT REGISTRAR //TRUE COPY// SECTIIT(,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 (Operational), Southern Power Distribution Company Ltd., of Telangana, Kukatpally Division, Medchal.
4. The Commissioner, Nizampet Municipal Corporation, Nizampet, Medchallvlalkajgiri District.
5. One CC to Sri B. Manoj Kumar, Advocate [OPUC]
6. One CC to Sri R.Vinod Reddy, SC for TSSPDCL, Advocate IOPUC]
7. One CC to Sri N. Praveen Kumar, SC for Municipality, Advocate IOPUC]
8. Two CCs to GP for Energy, High Court for the State of Telangana at Hyderabad. [OUTJ
9. Two CD Copies (Along with a copy of order dl:2610712018 in W.P.No.26085 of 2018 ) \ SM
HIGH COURT oATED;1611212020
ORDER
WP.No.22987 ot 2020 23 DEC2m0 o Za t \f,, rl:
DISPOSING OF THE WP WITHOUT COSTS \\ \\ w>o
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.26O85 of 2018 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 re spondent.
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.23.03.2018 in W.P.No.9789 of 2018.
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 shall 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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