Nagidi Anji Reddy v. The State Of Telangana And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 23090 OF 2020 Between:
Nagidi Anji Reddy, S/o Sri N, Raji Reddy, aged about 35 years, Occ.Business, R/o Flat No.401, Sri Jaya Prime, lt4adhura Nagar, Nizampet, 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 lManaging Director, Mint Compound, Hyderabad. Southern Power Distribution Company Ltd, of Telangana Rep., by its Superintending Engineer (Operation) IVledchal Circle, Ivledchal. Dundigal Municipality, Rep. by its Commissioner, Dundigal, Medchal-Malkajgiri District ...RESP.NDENTS 1.
J.
4.
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 lVlandamus declaring the action of the Respondents in not releasing the power supply to the petitioner buildings at premises House bearing Plot No.23B, admeasuring 267 sq yards in Sy.Nos.200, 203,204,205,212,213,21514,229,230,
248. 249, 250, 251 , 252 and 254, Situated at Sri Sai Balaji Enclave, Ivlallampet Village and Grampanchayat, Dundigal-Gandimaisamma Mandal, tVedchal-Malkajgiri 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 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.23B, admeasuring 267 sq yards in Sy.Nos.200, 203, 204, 205, 212, 213, 21 51 4, 229, 230, 248, 249, 250,.
251, 252 and 254, Situated at Sri Sai Balaji Enclave, lr/allampet Village and ,Grampanchayat, Dundigal Gandimaisamma Mandal, Medchal-lVlalkajgiri 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 REDDY, SC FOR TSSPDCL Counsel for the Respondent No.4: SRI N.
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.23O9O of 2O2O ORDER:
Heard the learned counsel for the petitioner, Sri R.Vinod Reddy, learned Standing counsel appearing for respondent Nos.l to 3, and the 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 this Court in W.P.No.26085 of 2018, dated 26.O7.2O|a, and W.P.No.6030 of 2O2O, dated 20.O4.2O2O.
The above said submission is not disputed by the learned Standing Counsels appearing lor the respondents herein. In view of the same and for the reasons alike in the order dated 26.07.2018, passed in W.P.No.26085 ol 2018, the present Writ Petition is disposed of directing the respondents to release the power supply 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 occupancy certificate is produced within such period, it is open to the respondents tr., take appropriate action, in accordance with Iaw.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
SD/. K.ONESIM ASSISTANT REGIST //TRUE COPY'
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SECTION OFFICER To, The Principal Secretary, Power and Energy Department, State of Telangana, Secretariat, Hyderabad-500022.
The Chairman and N/anaging Director, Southern Power Distribution Company Ltd, of Telangana I\,4int Compound, Hyderabad. The Superintending Engineer (Operation), Southern Power Distribution Company Ltd, of Telangana Medchal Circle, Medchal.
The Commissioner, Dundigal tr/unicipality, Dundigal, Medchal-tr/a lkajg iri District. One CC to Sri B. Manoj Kumar, Advocate [OPUC] One CC to Sri R.Vinod Reddy, SC for TSSPDCL, Advocate tOPUCI One CC to Sri N.Praveen Kumar, SC for [,4unicipality, Advocate [OPUC] Two CCs to GP for Energy, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies (Along with a copy of order dl:2610712018 in W.P.No.26085 of 2018) 1.
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HIGH COURT OATED:1711212020
ORDER
WP.No.23090 of 2020 IA 16:
U tl '( o,) 23 DEC2020 zo -] * ,:!, DISPOSING OF THE WP \) WITHOUT COSTS )
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.26085 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 1to 3, and Sri L.Venkateshu,ar Rao, Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for 4th respondent.
It is stated by learned counsel appearing for the petitioner as r.r,ell 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 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 u,ith law. There sha1l be no order as to costs
4.
Consequently, miscellaneous petitions pending, if any, shal1 stand dismissed.
M.S.RAMACHANDRA RAO, J 26th July,2018.
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