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High Court for State of TelanganaWP/26664/2023disposed of no costs

B. Rama Mohan Reddy v. The State Of Telangana

2023-09-25Surepalli Nanda6 pages

132s21

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 26664 OF 2023 Between:

B. Rama Mohan Reddy, S/o. Late Padigela Reddy Age. 67 years. Occ. Retired R/o. Plot No. 226, Sti Swamy Ayyappa Co-operative Housing Society Ltd, Khanamet (V), Serilingampally, Ranga Reddy District, ...PETITIONER AND The State of Telangana, Rep by its Principal Secretary Power and Energy Department Secretariat, Hyderabad-500022.

Telangana State Southern Power Distribution Company Limited, Vidyuth Soudh-a, Somajiguda, Hyderabad Rep. by its Chairman-cum-Managing Director.

The Superintending Engineer, Telangana State Southern Power Distribution Company Limited, Vidyuth Soudha, Somajiguda, Hyderabad. The Divisional Engineer, Operation Kondapur TSSPDCL

5. The Asst. Divisional Engineer, Operation Kondapur TSSPDCL

6. The Assistant Engineer, SE/OP/GHYD East AE OP Allapur

7. Greater Hyderabad Municipal Corporation Circle 20, Rep. by its Commissioner. Tank Bund Road, ...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 MANDAMUS declaring the action of the respondents 1 to 6 in not receiving the application form and release the individual service connection to the petitioner, the Plot No. 226, admeasuring 417 Sq.yds., in Survey Nos. 'l '1l18, 11119, 11t10, 11111 and Partof Survey.No. 1'1 ,situatedatSri SwamyAyyappa Co-operative Housing Society Ltd, Khanamet Village, Serilingampally Mandal, Ranga Reddy District, and bo'unded by East. Plot No. 239. South. Plot No. 227' West. 30 feet wide road. North. Plot No. 225, as illegal, null, void, arbitrary and

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consequently direct the respondents to receive application and release the power supply without being rnfluenced by the instructions of the 7th respondent. lA NO: 1 OF 2023 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 6 in not receiving the application and releasing the individual service connection to the petitioner the Plot No. 226, admeasuring 417 Sq.yds., in Survey Nos. 11l18, 11119, 11110, 1'll1'1 and Part of Survey. No. 11, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, and bounded by East Plot No. 239 South. Plot No. 227 . \Nest. 30 feet wide road. North. Plot No. 225.

Counsel for the Petitioner: SRI THAKUR ROOPA SINGH Counsel for the Respondent No.1: ASST, GP FOR ENERGY Counsel for the Respondent No.2 to 6: SRI R. VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No.7: SRI MAK MUKEED, SC FOR GHMC The Court made the following: ORDER

t HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.26664 OF 2023 9BD,EB:

Heard learned coulisel for the petitioner, learned Assistant Government Pleader for Energy appearing for respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL appearing for respondent Nos.2 to 6 and learned standing counsel appearing for respondent No.7.

2.

The petitioner approached the Court seeking the prayer as follows:

"To issue it 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 release the individual service connection to the petitioner, the Plot No.226, admeasuring 417 Sq.yds., in Sy.Nos.11/18, !l/!9, 7lllO, lUlt and part of Sy.No.11, situated at Sri Swamy Ayyapa Cooperative Housing Society Ltd, Khanamet Village, Serilingampally Mandal, Ranga Reddy District, and bounded by East: Plot No.239; South: Plot No.227; West: 30 feet wide road; North: Plot No.225 as illegal, null, void, arbitrary and consequently direct the respondents to receive application and release the power supply without being influenced by the instructions of the 7th respondent and to pass such other order ort orders as this Hon'ble Court may deem fit and proper in the interest of justice."

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3. It is represented by learned counsel for the petitioner and learned standing counsel appearing for respondent Nos.2 to 6 that the subject issue in the present writ petition is squarely covered by the order of this Court dated 22.O8.2023 passed in W.P.No.230O9 of 2023, hence the writ petition could be disposed of in terms of the order of this Court dated 22.08.2023 passed in W.p.No.23009 of 2023.

4.

Bringing the said submission of both the learned counsel on record, the writ petition is disposed of directing the respondents to release individual service connection to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order, and the same shall be subject to further direction that may be issued by the State of Telangana or the Apex Court in the litigation pending before it arising out of the order dated 12.09.2012 in W.p.No.2O4O7 of 2008 and batch. However, there shall be no order as to costs. Miscellaneous petiUons, if any, pending in this Writ Petition, sha ll stand closed.

SD/-N.CHANDRA SEK ASSTSTANT REGTEt HAR RAR //TRUE COPY// ^/ ty/ .

SECTTON OFFTCER To, The Principal Secretary Power and Energy Department, The State of Telangana, Secretariat, Hyderabad-500022.

The Chairman-cum-Managing Director, Telangana State Southern power Distribution Company Limited, Vidyuth Soudha, Somajiguda, Hyderabad. The Superrntending Engineer. Telangana State South-ein power Distribution Company Limited, Vidyuth Soudha, Somajiguda, Hyderabad. ,

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4. The Divisional Engineer, Operation Kondapur TSSPDCL

5. The Asst. Divisional Engineer, Operation Kondapur TSSPDCL

6. The Assistant Engineer, SE/OP/GHYD East AE OP Allapur

7. The Commissioner, Greater Hyderabad Municipal Corporation Circle 20, Tank Bund Road, B. One CC to SRI THAKUR ROOPA SINGH, Advocate [OPUC] 9 One CC to SRI R. VINOD REDDY, SC FOR TSSPDCL IOPUC] '10.One CC to SRI MAK MUKEED, SC FOR GHMC [OPUC] '1 1. Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT] 12.Two CD Copies BN RK \

CC TODAY HIGH COURT DATED: 2510912023 , a.) -'.

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ORDER

WP.No.26664 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS {v\ )1