M/s Relcon Projects v. The State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-07-13. M/s Relcon Projects v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) IVIONDAY ,THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 1013s OF 2020 Betwee n: l\,4/s Relcon Projects, Rep. by its Managing Director, Sri Ashok Agarwal S/o. Sri Dayanand Agaruual, Aged about 58 years, Occ. Business, R/o A-3, 3rd Floor, Sidhatha Enclave, Road No. 12, Banja. a Hills, Hyderabad. ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyderabad -500022. 2 Southern Power Distribution Company, Ltd. , of Telangana, Rep, by its Chairman and fr/anaging Director, Mint Compound, Hyderabad 3 Southern Power Distribution Company, Ltd. , of Telangana, Rep. , by its Superintending Engineer (Operation) Secunderabad Circle, Secunderabad. 4 Greater Hyderabad I\4unicipal Corporation, Rep. by its Commissioner, Tank Bund, Hyderabad ..
,RESPONDENTS Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the power supply to the petitioner building at premises bearing Southern Portion of Plot. 16(appurtenant land of dismantled premises bearing No. 36-65/1/16), Northern Portion of the Open Plot and Plot No. 1s/Part (appurtenant land of dismantled premises bearing No. 30-65/1/ 1 5)admeasuring 533 sq yards 496 sq yards and 552 sq yards respectively, total admeasuring 2499 sq yards in Sy. No.
364, situated at Khanajiguda, Alwal, Alwal Mandal(earstwhile Malkajigiri Mandal), under GHMC Alwal Circle, l\,4edchal - tr/alkajigiri District (erstwhile Ranga Reddy District), as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting for occupancy certificate. lA NO: 1 OF 2020 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 2nd and 3rd Respondents to release the power supply to the petitioner building at premises bearing Southern Portion '16 of Plot No. (appurtenant land of dismantled premises bearing No. 30-65/1/1 6), Northern, Portion of the Open Plot and Plot No. 1s/Part (appurtenant land of dismantled premises bearing No. 30J65/1/15) admeasuring 533 sq yards 496 sq yards and 552 sq yards respectively, total admeasuring 2499 sq yards in Sy. No.
364, situated at Khanajiguda, Alwal, Alwal lt/andal (earstwhile l\4alkajgiri Mandal), under GHMC Alwal Circle, Ir/edchal - It/alkajgiri District (erstwhile Ranga Reddy District). Counsel for the Petitioner: SRl. HARI KISHAN KUDIKALA Counsel for the Respondent No. 1: GP FOR ENERGY Counsel for the Respondent Nos. 2 & 3: SRl. R. VIOND REDDY, SC FOR TSSPDCL Counsel for the Respondent No. 4: SRl. CHALLA MADHU, SC FOR GHMC The Court made the following: ORDER TH I TION'BLE SRI JUSTICE K. LAKSTI \IAN V'/RIT PETITION No. 10135 OF 2020 ORDER: This Writ Petition is llled by the petitioner seel. ing the following re lie f: ". . , . . . is sue an appropriate Writ, order or dile ction more particular 11 . one in the nature of Writ of Mandomus rLeclaring the action olthe respondents in not releasing the power suppl)'to the petitioner's building at premises bearing Southern Portion of Plot No. l6 (apptLrtenant land of dismantled premises bt arirgNo. 30- 65/1,/16).
Northern Portion ol the Open Plot and Plct No. 15/Part (appurtenant land of dismantled premises bearing N,r 30-ri5/1/15), admeasu'ing 533 square yards, 496 square yards anrl 552 square yards respeclively, total admeasuring 2499 square yards in Sun'ev l',1o. 364, situated at Khanajiguda, Alwal, r\lwal Mandal (ersnvhi)e Malkajgiri Mandal) under GHMC ,\lwa. Circle. Medchal Malkajgiri District (erstwhile Rangaredrll District), as -illegal, null, void, arbitrary and consequentlv direct the respond('nts to release the power supply withour insisting lor occupanc. v- certificate and to pass such other order or ordt:rs.... " 2. Wher rhe matter is taken up for hearing, it is subnritted by learned counsel for the petitioner that the issue raised in the prcsent writ petition is squarely co'"ered by the order dated 20. 04. 2020 pasr;r:d b1, this Court in W. P. No. 6030 <,f 2020. 3. Learre<: Govemment Pleader lor Energy atr)l)earing on behall of respondent N) 1 Sri R.
Vinod Reddy, learned Standirg Counsel fbr Telangana Sta:e Southem Power Distribution Compary Limited appearing on behalf of respondent Nos. 2 and 3 and Sri Chatla Machu, leamed Standing Counsel for GHMC appearing on behalf of respondent No. 4 do not dispute the aforesaid submission. 4. In view of the above submissions and for the reasons alike in the said order, this Writ Petition is disposed of directing the respondents to release power supply to the premises of the petitioner subject to the compliance of terms and conditions and on furnishing an undertaking to produce occupancy certificate from the Greater Hyderabad Municipal Corporation (GHMC) within a prescribed period, and if no such occupancy ceftificate is produced within such period, it is open to the respondents to take appropriate action in accordance with law. However, there shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in the w'it petition shall stand closed. SD/. CH.
VENKATESWAR U U ASSISTANT REGI R /iTRUE COPY' SECTION OFFICER To, of Telangana' 1. The Principal Secretary, Power and Energy Department, State Secretariat, Hyderabad -500022. Company, Z. ine Ctiaiiman'and Managing Director, Southern Power Distribution Ltd. , of Telangana, Mint Compound, Hyderabad g. ihe' S uoerintdnd inq Enqineei (Operation), Southern Power Distribution -compahv, Ltd. , ofTelaigana, Sdcunderabad Circle, Secunderabad' +. i6e 6onimGsioner, Greiter Hyderabad 1Vlunicipal Corporation, Tank Bund' Hyderabad 5. Ohe CC to Sri. Harikishan Kukikala, Advocate (OPUC) O. One CC to Sri. R. Vinod Reddy, SC for TSSPDCL (OPUC) 7 One CC to Sri. Chatla Madhu,'SC for GHMC (OPUC) 8. Two CD CoPies. -of 2020') *iirr'; copy of order dated 201412020 in WP. No. 6030 iniong Pt\i \* HIGH COURT DATED:1310712020 ORDER --r:"=== Ti WP. No. 10135 of 2020 C;! l-l q\ . 1 \ /r ;) I -{P *, 'io i{ IF Ftt .? Y, cJi DISPOSING CIF THE WP WITHOUT COSTS. qsrJ Lo? ieA )A re\1 )r \:
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.