M/S. Srigdhaa Beverages, v. Tsspdcl,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.36988 OF 2017 O R D E R :

The grievance of the petitioner is that it has purchased a mineral water bottling plant together with land admeasuring Ac.1.13 gutnas in Sy.No.283, situated at Rampally Village, Keesara Mandal, Medchal District, in the public auction conducted by the Syndicate Bank while exercising power under section 13 (4) of the Securitization Act. Thereafter, the petitioner applied the respondent authorities seeking sanction of 500 KVA load electricity connection which is required for running the bottling plant. When the concerned authorities refused to sanction power connection to the petitioner stating that there are dues by the previous owner, the petitioner approached the 1st respondent and filed representation dated 28.10.2017 requesting to sanction 500 KVA power connection. As no orders are passed, present writ petition is filed.

Sri R.Vinod Reddy, learned Standing Counsel for respondents on instructions submits that no proper application is made by the petitioner to the authorities. Learned counsel for the petitioner submits that the petitioner will make necessary application to the competent authority; and that the petitioner is not liable to pay the dues of the erstwhile owner and cited Judgments rendered by the

Supreme Court in M/s.Isha Marbles v. Bihar State Electricity Board and also in Southern Power Distribution Company of Telangana Limited v. Gopal Agarwal and others in Civil Appeal No.1918 of 2016. In view of the above, it is open for the petitioner to make necessary application to the competent authority as per the Regulations and on such application the competent authority is directed to take action, in accordance with the law laid down by the Supreme Court in the aforesaid Judgments relied on by the petitioner, within a period of six weeks from the date of receipt of a copy of the application. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 17.11.2017 t k.

1 1995 SCC (2) 648