M.S.M. Constructions v. The State Of Telangana

132521

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 30343 OF 2024 Between:

'1. M.s.m. Constructions, Rep by 1. Thummalapally Manipal Reddy S/o' M' Srinivas Reddy, Age.46 years, Occ. Business,

2. Thummalapally Srikanth Reddy, S/o. M. Srinivas Reddy, Age. 44 years, Occ' Business,

3. Bheemidi Madhava Reddy, S/o. B' Shankar Reddy, Age. 49 years, Occ' . Business, AII are Rl/o. Plot No.6 Souther Part, Plot Nos.7, 36 and 37 Souther Part, Survey Nos.SS7, tr/alikarjun Nagar, -Abdullapurmet (M), Pedda Amberpet Municipality, Ranga Reddy District, T.S.

...PETITIONERS AND The State of Telangana, Rep by its Principal Secretary Power and Energy Department Secretariat, Hyderabad-500022.

The Southern Power Distribution Company of Telangana State Ltd, B"p !-V its bfriirman and Managing Director having its Corporate office at 6-1-50, Mint Compound, Hyderabad 500063.

Chief General Manager, commercial Corporate Office T G S P DC L' Hyderabad The Superintending Engineer/ Operationi, Saroornagar Circh T G S P DC L' Saroornagar

5. The Divisional Engineer/Operation/, Saroornagar Division TGSP DC L' Saroornagar

6. The Assistant Divisional Engineer/ operation/, Hayathnagar sub - Division TGSPDC L, Saroomagar

7. The Assistant Engineer/ SE OP /, Saroornagar AE OP P. Amberpet, TGSPDC L, Saroornagar

The Pedda Amberpet Municipal Corporation, Rep' by the Commissioner, Abduitapurmet P Mdndal, Ranga Reddy District I ...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 writ order or direction more particularly one in the nature of wRlT oF MANDAIUUS directing the respondents 2 to 7 to provide electricity connection Supply to 5No s 3Ph each SKW Domestic load on existing 1No.3Ph SKW bearing sc NO 6335 03041 under cat-8 making a total load of 30KW to the Building, plot No.6 southern Part, admeasuring 100 Sq.yards, Plot No.7, admeasuring 200 Sq.yards, Plot No.36, admeasuring 200 Sq.yards, and Plot No.37 Souther Part, admeasuring 100 Sq.yards, (total admeaSuring 600 Sq.

yards) in Survey Nos-597, Malikarjun Nagar, Abdullapurmet (M), Pedda Amberpet Municipality, Ranga Reddy District, T.S., bounded by North. Plot No.6 North part and 37 North Part, south. 30 wide Road, East. 33 Wide Road, west. 30 wide Road. without insisting upon occupancy certificate from the Bth respondent by holding that the refusal to provide electricity connection to the above referred premises is illegal and arbitrary' lA NO: 1 OF 2024 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 2lo 7 to provide electricity connection Supply to 5No s 3ph each 5KW Domestic load on existing 1No.3Ph SKW bearing sc No 6335 0304.1 under cat-B making a total load of 30KW Connection to the Building, Plot No.

6 Souther Part, admeasuring '100 Sq.yards, Plot No'7, admeasuring 200 Sq.yards, plot No.36, admeasuring 200 Sq.yards, and Plot No.37 Souther Part, admeasuring 100 sq.yards, (total admeasuring 600 sq.yards) in survey Nos.597, Malikarjun Nagar, Abdullapurmet (M), Pedda Amberpet Municipality' Ranga Reddy District, T.S., bounded by North Plot No.6 North Part and 37 North Part; South. 30 Wide Road, East. 33 Wide Road, West. 30 Wide Road. Without insisting upon occupancy certificate from the Bth respondent pending disposal of main writ petition and may deem fit and proper in the circumstance of the case.

Counsel for the Petitioner : SRI THAKUR ROOPA SINGH Counsel forthe Respondents No.1 : GP FOR ENERGY Counsel for the Respondent No.2to7 : SRI R.VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No.8 : SRI CH.JAGANNATHA RAO, SC FOR MC The Gourt made the following: ORDER

,-] HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PE TION o.30343 ot 2024 .'

ORDER:

Heard Smt. Thakur Roopa Singh, learned counsel appearing on behalf of the petitioners, learned 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 7 and Sri Ch' Jagannatha Rao, learned Standing Counsel for GHMC, appearing on behalf of resPondent No.8.

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

"...to issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondents 2 to 7 to provide electricity connection supply to 5Nos 3Ph each 5KW Domestic load on existing 1No' 3Ph 5KW bearing SC No.6335 03041 under Cat-8 making a total load of 30KW to the Building, Plot No 6 Southern Part, admeasuring 100 Sq yards, PIot No.7, admeasuring 200 Sq. yards Plot No. 36, admeasuring 200 Sq yards and Plot No. 37 Southern Part admeasuring 100 Sq yards total admeasuring 600 Sq yards) in Survey Nos.597, Malikarjun Nagar, Abdullapurmet (M) Pedda Amberpet Municipality,

SN, J wP l0i4i 2024 Ranga Reddy District, T.S. bounded by North: plot No.6 North Part and 37 North ParU South: 30,Wide Road; East: 33' Wide Road; West: 30' Wide Road. Without insisting upon occupancy certificate from the gth respondent by holding that the refusal to provide electricity connection to the above referred premises is illegal and arbitrary and pass...".

3. It is represented by the learned counsel appearing on behalf of the petitioners and the learned Standing Counsel for TSSPDCL appearing on behalf oF respondent Nos.2 to 7 that the subject issue in the present writ petition is squarely covered by the order of this Court dated 03.10.2024 passed in W.P. No. 27467 of 2024, hence, the present writ petition could be disposed of in terms of the aforesaid order. 4.

Bringing the said submissions of both the learned co-unsel on record and for the reasons alike in the above referred order passed by this Court in W.P.No.27467 ot 2024, dated 03.10.2024, the writ petition is disposed of at the admission stage, directing the respondents to provide electricity connection supply to 5No's 3Ph each 5KW Domestic toad on

J S\. J r\ P .01-l l 201.1 existing 1No.3Ph 5KW bearing SC No' 6335 03041 under Cat-8 making a total load of 3OKw to the Buitding, Plot No.6 Southern Part, admeasuring 1OO Sq I I yards, Plot No.7, admeasuring 2OO Sq' yards, Plot No' 36, admeasuring 2OO Sq yards and Plot No' 37 Southern Part, admeasuring 1OO Sq yards (total admeasuring 600 Sq yards) in Survey Nos.597, Malikarjun Nagar, Abdullapurmet (M) Pedda Amberpet Municipality, Ranga Reddy District, T.S., upon the petitioners complying with the required terms and conditions as per rules in force, and upon the petitioners furnishing an undertaking to produce the occupancy certificate from the Municipal Corporation concerned, within a reasonable period as prescribed by the respondent Authority and if no such occupancy certificate is produced by the petitioners within such prescribed time, it is open to the respondent Nos.2 to 7 to take appropriate action, in accordance to law. However, there shall be no order as to costs.

SN. J wP i0i4i 202.1 The miscellaneous applications, if any, shall stand closed. However, there shall be no order as to costs. SD/- L.LAKSHMI BABU ASSISTANT REGIS R //TRUE COPYII SECTION FFICER To,

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

2. The Chairman and f\rlanaging Director, Southern Power Distribution Company of Telangana State Ltd, having its Corporate office at 6-1-50, Ivlint Compound, Hyderabad 500063.

3. The Chief General Manager, commercial Corporate Office T G S P DC L, Hyderabad

4. The Superintending Engineer/ Operation/, Saroornagar Circle T G S P DC L, Saroornagar

5. The Divisional Engineer/Operation/, Saroornagar Division IGSP DC L, Saroornagar

6. The Assistant Divisional Engineer/ Operation/, Hayathnagar Sub - Division TGSPDC L, Saroomagar

7. The Assistant Engineer/ SE OP /, Saroornagar AE OP P. Amberpet, TGSPDC L, Saroornagar

8. The Commissioner, Pedda Amberpet [Vlunicipal Corporation, Abdullapurmet P [\ilandal, Ranga Reddy District

9. One CC to SRI THAKUR ROOPA SINGH, Advocate. [OPUC] 10.Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUTI 1 1 . One CC to SRI R.VINOD REDDY, SC FOR TSSPDCL. TOPUCI 12.One CC to SRI CH.JAGANNATHA RAO, SC FOR MC. [OPUC] 13.Two CD Copies.

BSK PSK

HIGH COURT DATED:3011012024 CC TODAY '-!: i ], ':

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0 7 itiil/ iil?{

ORDER

WP.No.3O343 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ ItL\ .: