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High Court for State of TelanganaWP/28513/2016dismissed as infructuous

P.Balaramakrishna v. The Southern Power Distribution Company

2024-11-07Surepalli Nanda5 pages

132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 285'13 OF 2016 Between:

P.Balaramakrishna, S/o: Late P Rama Rao, age about 50 years, Occ: business, Rl/o Plot No.303, Casa Rosa Apartment, Padma Rao Nagar, Secunderabad.

...PETITIONER AND The Southern Power Distribution Company, OF T.S. (TSSPDCL) Limited, Rep. by its Chief Managing Director, Hyderabad. The Divisional Engineer Electrical (Operation), TSSPDCL, City V Division, Musheerabad X Roads, Secunderabad.

3. The Assistant Divisional Engineer Electrical (Operation), TSSPDCL, Padma Rao Nagar Sub-Division, Padma Rao Nagar, Secunderabad. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not attending to releasing of the electrical power (service connection) despite erection installation of the transformer for the supply load to the flats, applied for the residential complex (Casa Rosa Apartments), situated at Municipal bearing No.61-289, Padmarao Nagar, Secunderabad, as illegal, arbitrary, contrary to law and consequently direct the respondents to release the electrical power to the premises.

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l.A. NO: 1 OF 2016(WPMP. NO:35303 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased To direct the respondents to provide electrical connection and release the power forthwith on temporary basis to the flats of Casa Rosa Apartments, situated in Municipal bearing No.6-1-289, Padmarao Nagar, Secunderabad, pending disposal of main Writ Petition.

l.A. NO: 2 OF 2016(wPMP. NO: 54238 oF 2016) Betwee n:

Javed Razack, S/o. Abdul Razack, aged about 48 years, Occ: Advocate, Executor of the Last Registered Will of Joseph Philip Christie Office 3-6-259, Suite B, 3'" Floor. Span Chambers. Himayatnagar, Hyderabad - 500029. ...PETITIONER/PROPOSED RESPONDENT 4 in WP.No.28513 of 20216 AND

1. P. Balaramakrishna, S/o: Late P Rama Rao, age about 50 years, Occ: business, Rio Plot No.303, Casa Rosa Apartment, Padma Rao Nagar, Secunderabad.

...PETITIONERIRESPONDENT in W.P.No.2851 3 of 2016

2. The Southern Power Distribution Company, OF T.S. (TSSPDCL) Limited, Rep. by its Chief [r,4anaging Director, Hyderabad.

3. The Divrsional Engineer Electrical (Operation), TSSPDCL, City V Division, li,4usheerabad X Roads. Secunderabad.

4. The Assistant Divisional Engineer Electrical (Operation), TSSPDCL, Padma Rao Nagar Sub-Division, Padma Rao Nagar, Secunderabad. ...RESPONDENTS/RESPONDENTS 2 to 4 in W.P. No.28513 of 20'16 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 implead the Petitioner/ Proposed Respondent as Respondent No. 4 in the above Writ Petition No. 2851 3 of 2016 and WPMP No. 35303 of 2016. Counsel for the Petitioner: SRI K. V. L. NARASIMHA RAO Counsel for the Proposed Respondent: RAJASHEKAR THALLAPALLY Counsel for the Respondents: SRI R VINOD REDDY(SC FOR TSTRANSCO) The Court made the following: ORDER

:\ ,.1 HON'BLE MRS JUSTICE SUREPALLI NANDA T PETITI ORDER:

Heard Sri K.V.L.Narasimha Rao, learned counsel appearing on behalf of the petitioner and Sri R. Vinod Reddy, learned Standing Counsel for TSTRANSCO, appearing on behalf of respondents.

2. The petitioner approached the Court seeking prayer as under:

"...to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction oF the respondents in not attending to releasing of the electrical power (service connection) despite erection installation of the transformer for the supply load to the flats applied for the residential complex (Casa Rosa Apartments), situated at Municipal bearing No.6- 1-289, Padmarao Nagar, ) \ Secunderabad as illegal, arbitrary, contrary to law and consequently direct the respondents to release the electrical power to the premises and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. Sri R. Vinod Reddy, learned Standing Counsel for \ TSTRANSCO, appearing on behalf of respondents submits that the cause of action in the present writ petition does not survive for adjudication, any more.

4.

Bringing the said submission made by the learned Standing Counsel for TSTRANSCO, appearing on behalf of respondents on record, the writ petition is dismissed as infructuous. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions , if any, pending in the Writ Petition shall also stand closed. SD/. L. VIJAYA LAXMI AS T REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1 . One CC to Sri K, V L Narasimha Rao, _ Advocate tOpUCI 3 Pf 991: !! Ralashekar l!a|9pa!y,.{{vocate.idFuct ' r. une uu ro sn R Vinod Reddy(SC for TSTRANSCO) IO1TUCI

4. Two CD Copies qk TJ GJP

HIGH COURT DATED:0711112024 r{e r Q r€ q 2 7 JAt'l ?025 o a

ORDER

c.O s o T99 € WP.No.2851 3 of 2016 DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS.

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