Katari Kotaiah v. Telangana State Southern Power Distribution Corporation Limited
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 29957 OF 2022 Between:
Katari Kotaiah, FL/o H.No.5-32, S/o Sri Katari Ramaiah, aged about 55 years- Occ- Business, M. Nidamaluru, Tangutur Mandal, Prakasam District ,..PETITIONER AND Telanqana State Southern Power Distribution Corporation Limited, Vidyuth Soudlia, Somaiiguda, Hyderabad Rep. by its Chairman-cum-Managing Director
2. The Superintending Engineer, Telangana State Southern Power Distribution Corporition Limited, Vidyuth Soudha, Somajiguda, Hyderabad. 1.
3. The Divisional Enqineer, Telangana State Southern Power Distribution Corporation Limitdd, Vidyuth Soudha, Kukatplly, Hyderabad.
4. The Asst. Divisional Engineer, Telangana state southern Power Distribution Corporation Limited, Ayyappa Society, Madhapur, Hyderabad.
5. Greater Hyderabad Municipal Corporation, Hyderabad Circle, Tank Bund, Rep. by its Commissioner ...RESPONDENTS Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in not receiving the application form and not releasing the power supply to the petitioner House Bearing Plot No.12, admeasuring 500 sq yards in Sy.No.11/31 (Part), Situated at Khanamet Village, serilingampally Mandal, Ranga Reddy District as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without being influenced by the instructions of the Sth respondent'
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 receive the application form and release the power supply to the petitioner House Bearing Plot No.12. admeasuring 500 sq yards in Sy.No.1'1131 (Part), Situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District.
-Counsel for the Petitioner: SRI B. MANOJ KUMAR Counsel for the Respondent Nos. 1 to 4: SRI R. VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No. 5: SRI SAMPATH PRABHAKAR REDOY, SC FOR GHMC The Court made the following: ORDER
THE HON'BLE SRI JUSTICE B. VIJAYSEN RIDDY \\-RIT PETITION Io.29957 OF 2022 ORDER:
This writ petition is filed for the following relief: "...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not receiving the application form and not releasing the power supply to the petitioner house bearing Plot No. 12, admeasuring 500 sq. yards in Sy.No.l1/31 (Part) situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without being influenced by the instructions of the 5th respondent and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest ofjustice."
2.
When the matter is taken up for hearing, it is submitted by the learned counsel for petitioner that the issue raised in the present writ petition is squarely covered by the order dated 26.7.2018 passed by this Court in W.P.No.26085 of 2018. 3.
Sri R. Vinod Reddy, learned Standing Counsel appearing for respondent Nos.l to 4, and Sri Sampath Prabhakar Reddy, learned
l Standing Counsel for Respondent No.5 - GHMC, did not dispute the aforesaid submission.
4.
In view of the above, for the reasons alike in the said order, this writ petition is disposed of directing the respondents to release power supply to the premises of the petitioner subject to compliance of 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.
Pending miscellaneous applications, if any, shall stand closed. No costs.
SD/-T.KRISHNA KUMAR DEPUTY REGISTRAR / rr-.
sEchbi.r oFFrcER To, //TRUE COPY// 1 . The Chairman-cum-Managing Director, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad.
2. The Superintending Engineer, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad.
3. The Divisional Engineer, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Kukatplly, Hyderabad.
4. The Asst. Divisional Engineer, Telangana State Southern Power Distribution Corporation Limited, Ayyappa Society, Madhapur, Hyderabad.
5. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad Circle, Tank Bund.
6. One CC to SRI B. MANOJ KUMAR Advocate [OPUC]
7. One CC to SRI R. VINOD REDDY, SC FOR TSSPDCL IOPUC]
8. One CC to SRI SAMPATH PRABHAKAR REDDY, SC FOR GHMC IOPUC]
9. Two CD Copies.
t,
10. One Spare Copy.
NPJ SW Ct'
HIGH COURT DATED:2010712022 il. r c,l 2 7 JUt 2022 z Ct ), t
ORDER
WP.No.29957 of 2022 ;i1g,-:.11Ct'
DISPOSING OF THE WRIT PETITION WITHOUT COSTS.