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High Court for State of TelanganaWP/28570/2019disposed of no costs

Syed Ghouse Mohiuddin Quadri v. The Southern Power Distribution Company Of Telangana State Ltd And 4 Others

2019-12-24M.S.Ramachandra Rao3 pages

THE HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO Writ Petition No.28570 of 2019 ORDER :

Head the counsel for petitioner, Sri R. Vinod Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited (T.S.S.P.D.C.L.), for respondent nos.1 to 4; and Sri Sampath Prabhakar Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (G.H.M.C.), for 5th respondent. 2.

This Writ Petition is filed for the following relief: "....to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus directing the respondent nos.1 to 4 to provide electricity connection to the building bearing the petitioner is the owner of the plot bearing Nos, 45, 46, 47 and 48 each admeasuring two hundred and fifty square yards totaling one thousand square yards, i.e, eight hundred and thirty six point one square meters out of land bearing Survey No.789/2 and 3 situate at Uppal Kalan, Hyderabad, bounded by North : Plot No.44, South : Road to Uppal Village, East : Plot No.1 and 2 and West : Sub-Road as illegal, null, void, arbitrary and consequently to direct the respondents to provide electricity connection to petitioners plot bearing Nos.

45, 46, 47 and 48 each admeasuring two hundred and fifty square yards totaling one thousand square years i.e., eight hundred and thirty six point one square meters out of land bearing Survey No.789/2 and 3 situated at Uppal Kalan, Hyderabad, bounded by North : Plot No.44, South : Road to Uppal Village, East : Plot Nos.1 and 2 and West : SubRoad, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

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3.

When the matter is taken up, it is submitted by the learned counsel for petitioners that the issue raised in the present Writ Petition is squarely covered by the common order dated 17.12.2018 passed by this Court in W.P.No.45714 of 2018 and batch. 4.

The operative portion of the aforesaid order reads as under: "In view of the above, these writ petitions are also disposed of with a direction to the respondents to release the power supply to the premises of the petitioners, subject to their complying with the terms and conditions of supply and also on furnishing an undertaking to produce the occupancy certificate from the Municipality/Municipal Corporation concerned within a period of three months, 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."

5.

In those circumstances, following the above said common order and for the reasons recorded therein, this Writ Petition is also disposed of with a direction to respondents to release the power supply to the premises of petitioners, subject to their filing an undertaking that the constructions made are not in violation of the plan sanctioned by the Municipality concerned/municipal authorities and producing the occupancy certificate within a period of three months, failing which, the respondent authorities are entitled to disconnect the power supply. 6.

Accordingly, the Writ Petition is disposed of as above. No order as to costs.

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7.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 24.12.2019 Ndr/*