Smt.K.Vijayalakshmi, v. Telangana State Southern Power Distribution Corporation Ltd.

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition Nos.30996 and 31019 of 2017 Common Order:

These two Writ Petitions are being disposed of by this common order, as the petitioner is common in both the cases. It is the case of the petitioner that she acquired Plots bearing Nos.1234 and 1235, situated in Survey No.11, Khanament village, Kondapur Gram Panchayat, Rajendranagar mandal, R.R. District, under a deed of gift executed by her brother on 30.10.1998 and that she purchased Plots bearing Nos.1236 and 1237, situated in the same survey number under two registered sale deeds dated 11.03.1983 and 26.08.1983 respectively. She constructed rooms covering the above said plots with compound walls in the year 1994. The Serilingampally Municipality allotted House Nos.2-56/32/3/A and 2-56/32/3/A/1 to the said plots and the property tax is also being collected. While so, the petitioner applied for electricity service connection for the rooms by her applications both dated 05.07.2016 and paid the requisite fee also. When the service connection was not provided to the petitioner, she filed the present Writ Petitions.

A counter affidavit is filed by the respondents stating that in view of the objections raised by the Urban Land Ceiling authorities and the Municipal Corporation earlier, they could not release the service connections. Since the non-release of service connections increased the load on the existing public distribution transformers, they sought for clarification from the Commissioner, GHMC for release of new services and additional loads to the existing services by their letter dated 22.11.2013 and no clarification was received from the Commissioner, GHMC. It is also

stated that this Court in W.P.No.32614 of 2015 dated 18.12.2015 directed the respondents to release the individual service connections to the members of the apartment complex subject to the orders of the State Government of Telangana or the Supreme Court and in the instant case the said plots are open plots.

The same is disputed by the petitioner by filing a reply stating that the rooms are existing in the open plots and house numbers were also allotted by the GHMC.

In the circumstances, both the Writ Petitions are allowed directing the respondents 3 to 5 to provide electricity service connections to the houses of the petitioners bearing Nos.2-56/32/3/A and 2-56/32/3/A/1, covering Plot Nos.1234, 1235, 1236 and 1237, situated in Survey No.11, Khanament village, Kondapur Gram Panchayat, Rajendranagar Mandal, R.R. District, subject to the terms and conditions of the supply governing the service connections, within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions pending in these Writ Petitions, if any, shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 23.10.2017 Nsr