N. J. Francis v. The State Of Telangana
132s2l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 29606 OF 2023 Between:
N.J.Francis, S/o Late Sri N.E.Joseph, aged about 59 years, Occ. Govt Servant, R/o H-No.4-1-1l23, Niyaz Khana, King Koti, Hyderabad. ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad- 500022.
Southern Power Distribution Company Ltd., of Telangana, Rep. by its Chairman and Managing Director, Mint Compound, Hyderabad. Southern Power Distribution Company Ltd., of Telangana, Rep. by its Divisronal Engineer (operational) Gachibowli Division, Hyderabad. Southem Power Distribution Company Ltd., of Telangana, Rep. by its Asst. Divisional Engineer (operational) Gachibowli Division, Hyderabad. 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents in not accepting the application for electricity connection to the petitioner building premises bearing PIot No.
337, admeasuring 172 sq yards, Phase- l, in Sy. No. 25lP, Situated at Kancha Gachibowli Village, Serilingampally Mandal, Ranga Reddy District; now Medchal- Malkajgiri District as illegal, arbitrary, unjust and consequently direct the respondents to receive the application for the electricity conneciions and release the power supply with required meters without any further delay.
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lA NO: 'f OF 2023 Petition under Section 15.1 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 3rd and 4th Respondents to receive application of the Petitioner and release power supply with required meters to the petitioner premises Bearing Plot No. 337, admeasu ring 172 sq yards, Phase- l, in Sy. No. 25lP, Situated at Kancha Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, now Medchal- IValkajgiri District.
Counsel for the Petitioner: SRI L.VISHNU PRASAD Counsel for the Respondent No.'t: GP FOR ENERGY Counsel for the Respondent No.2 to 4: SRI R-VINOD REDDY, SC FOR TSSPDCL The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION o.295O5 of 2023 ORDER:
Heard Mr.L.Vishnu Prasad, learned counsel appearing on behalf of petitioner and the leaned Government Pleader for Energy, appearing on behalf of respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos.2 to 4.
PERUSED THE RECORD
2. The limited relief sought for by the petitioner is a direction to the Respondents to release the power supply to the Petitioner's building premises bearing Plot No.337, admeasuring 172 sq.yards, Phase-I, in Sy.No.2slP, Situated at Kancha Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, now Medchal-Malkajgiri District. 3.
The grievance of the petitioner is that, the petitioner made several attempts to submit application seeking power supply to petitioner's house/building but the respondents are not receiving the application of the petitioner seeking power supply to Petitioner's building premises bearing Plot No.337,
-, admeasuring 172 sq.yards, Phase-1, in Sy.No.25lP, Situated at Kancha Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, now Medchal-Malkajgiri District. 4, When the matter is taken up for hearing, it is submitted by learned counsel for the petitioner that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.26977 of 2021 and W.P'No.8299 of 2023. fhe same is not disputed by Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL appearing on behalf of Respondent Nos. 2 to 4.
5.
The learned Standing Counsel for respondent Nos.2 to 4, on instructions, has stated that if the petitioner approaches the respondents and makes an application afresh, the respondent authorities would receive and consider the same in accordance with law.
6, Taking into consideration the facts and circumstances of the case and the submissions made by both the learned counsel on record and for the reasons alike in the above referred order passed by this Court in
l W.P.No.26977 of 2O2L and W.P.8299 of 2023, the Writ \ Petitaon is disposed of at the admission stage in similar lines directing the petitioner to make a fresh t application to the respondents, within a period of two(O2) weeks from the date of receipt of a copy of this order and on receipt of such application, the respondents are directed to consider the same in accordance to law expeditiously, preferably within a period of two(02) weeks thereafter for granting necessary electricity connection to the subject premises of the Petitioner's building premises bearing Plot No. 337, admeasuring 172 sq.yards, Phase-I, in Sy.No.25lP, Situated at Kancha Gachibowli Village, Serilingampally Mandal, Ranga Reddy Dastrict, now Medchat-Malkajgiri District, subject to the petitioner's making necessary payment, as stapulated under the Electricity Act, 2OO3.
7.
With these observations, the Writ petition is disposed of. However, there shall be no order as to costs'
i?ta:t .il Miscellaneous petitions, if any, pending shall stand closed SD/-A.V.S.PRASAD ASSISTAUI REGISTRAR ,TRUE COPY/I @ SECTION OFFICER i To,
1. .The Principal Secretary, Power and Energy Hyderabad, State of Telang ana- 50OO22 Department, Secretariat, It The Chairman and Managing Director, Southern Power Distribution Company Ltd., of Telangana, [/int Compound, Hyderabad. The Divisional Engineer (Operq_lronal), Southern Power Distribution Company Ltd., of Telangana, Gachibowli Division, Hyderabad. The Asst. Divisional Engineer (Operational), Southern power Distribution Company Ltd., of Telangana. Gachibowli Divisron, Hyderabad. One CC to SRI L.VISHNU PRASAD, Advocate [OPUC] One CC to SRI R.VINOD REDDY, SC FOR TSSPDCL [OPUC] Two CCs to GP FOR ENERGY, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies "\k BSR GJP
HIGH COURT DATED: 1911012023 o\a i r\E ST416 t +
ORDER
O 0 6 r{0u 20n Zl a WP.No.29606 of 2023 \:
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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS tb