C.DAMODARA DASS v. THE STATE OF TELANGANA

Court: High Court for State of Telangana

Bench: A.ABHISHEK REDDY

Judgment date: 2020-12-09

Case summary

High Court for State of Telangana judgment dated 2020-12-09. C.DAMODARA DASS v. THE STATE OF TELANGANA. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF DECEIMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A,ABHISHEK REDDY WRIT PETITION N o. 22364 0F 2020 Between: 1. C. Damodara Dass, S/o. Late C. Dass, Aged about 67 years, R/o. Flat No. 6, Block No. 1, HIG-ll, Baghlingampally, Hyderabad. 2. C. Bhaskar Dass, S/o. Late C. Dass, Aged about 61 years, RJo. H. No. 8-3-226l2, Yousufguda, Hyderabad. 3. C. Natesh Dass, S/o. Late C. Dass, Aged about 58 years, R/o. H. No. B-3-226l2, Yousufguda, Hyderabad. Rep by their Development Agreement - cum - Special Power of Attorney Holders l\//s. Sai Krishna Constructions A Partnership, having its Regd. Office at H. No,B-3-9BB/4 & 18, Sri Pada Towers, SBH Quarters, Srinagar Colony, Hyderabad Represented by its lvlanaging Partner and Partner i) P. Babu Rao, S/o. P. L. Perumallu, Aged about 47 yearc, Occ: Builder, R/o. Flat No. 603, Sree Pada Towers, H. No.

8-3-988/4 & 18, Sri Pada Towers, SBH Quarters, Srinagar Colony, Hyderabad. ii) Thakur Naveen Sing, S/o Thakur Kishan Singh, Aged about 43 years, Occ: Business, R/o. Plot No. 72416, Road No. 25, Jubilee Hills, Hyderabad 5oo 033 ... PET,r. NERS AND 1. The State of Telangana, Represented by its Principal Secretary, Department of Energy, Secretariat, Hydera bad. 2. Telangana State Southern Power Distribution Company Limited, TS Transco Building, Somajiguda, Hyderabad. 3. The Superintending Engineer (Operation), Telangana State Southern Power Distribution Company Limited, Banjara Hills Circle, Hyderabad. 4. The Greater Hyderabad l\,4unicipal Corporation, Having its Office at Lower Tank Bund, Hyderabad. Represented by its Commissioner. ...

RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of mandamus or any other appropriate Writ or Writs, Order or Orders declaring the action of Respondent No. 3 in insisting the Petitioners to get Occupancy Certificate from the Respondent No. 4 for the purpose extension of Power Supply to 20 Nos 3-Phase Domestic Load of 5 KW each in existing 1 No. 3-Phase Non - '100 Domestic Load of 3 KW and thus making a total load of KW in respect of House No. 8-3-22612 and 8-3-226121A, admeasuring 1 170 sq. yds or 982 sq. mts, situated at Yousufguda, Hyderabad belongs to Petitioners as it being illegal, arbitrary, unjustified and violative of Article 14 of the Constitution of lndia and consequently direct the Respondent No. 3 to extend the Power Supply to the above said property without insisting for production of Occupancy Certificate from the Respondent No. 4.

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 Respondent Nos. 2 & 3 to extend Power Supply to 20 Nos 3-Phase Domestjc Load of 5 KW each in existing 1 No. 3-Phase Non-Domestic Load of 3 KW and thus making a total load of 100 KW in respect of House No. 8-3-22612 and 8-3-226121A, admeasuring 1170 sq. yds or 982 sq. mts, situated at Yousufguda, Hyderabad belongs to Petitioners without insisting for production of Occupancy Certificate from the Respondent No. 4. Counsel for the Petitioners: SRI P. ACHUTHAM REDDY Counsel for the Respondent No. 1 : GP FOR ENERGY Counsel for the Respondent No,2 & 3: SRI R. VINOD REDDY, S. C. FOR T. S. S. P. D. C. L Counsel for the Respondent No. 4: SRI PASHAM KRISHNA REDDY, S. C, FOR GHMC The Court made the following: ORDER THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION No.

22364 of 2O2O ORDER: Heard the learned coLrnsel 1or tl-re pctitioners, Sri R. Vinod Redd1,, Iearned Standing counsel lor Telangana Statc Southcrn Por,r'er Distribution Company Lim r ted appearing for respondcnt Nos. 1 to 3, and Sri Pasham Krrshna Reddy, learned Standing counsel, appearing for respondent No. 4 . With their consent, the Writ Petition is disposed of at the stage of admission itself When the matter is taken up lor hearing, the learned counsel for the petitioners has submitted that the issue raised in the prescnt u,rit petition is squarely covered by the orders passed this Cor:rL in W. P. No. 26085 ol 2018, C:rted 26. A7 . )O18. and W. t']. No. 6O30 ol' 20. 10. clir I cd 20. O. l. 202(. t. The above szrid submjssion is not disputed by the learned Standing Counscls appearing lor the respondents herein. In vieu' ol the same and lor the reasons alike in the order datcd 26. O7. 2018, passed in W. P. No.

26085 of 2018, the prescnt Writ Petrtion is disposed of directing the respondents to release the powcr supply to the premises of the petitioners, subject to compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation, u'ithin a prescribed period, and if no such occupancy certificate is produced within such period, it is open to the respondents to lake appropriate action, in accordance u'ith lari'. I The miscellaneous petitior-rs pending, if an1', shali stand closcd. There shall be no order as Lo costs SD/-M. RAMANA KRISHNA ASSISTANT REGIS ,TRUE COPY// SECTIO OFFICER To, 1. The Principal Secretary, Department. of Energy, State of Telangana, Secretarial, Hyderabad. 2. The Telangana State Southern Power Distribution Company Limited, TS Transco Building, Somajiguda, Hyderabad, 3.

The Superintending Engineer (Operation), Telangana State Southern Power Distribution Company Limited, Banjara Hills Circle, Hyderabad. 4, The Commissioner, Greater Hyderabad [\,4unicipal Corporation, Having its Office at Lower Tank Bund, Hyderabad. 5. One CC to Sri P. Achutham Reddy, Advocate [OPUC] 6. Two CCs to GP for Energy, High Court for the State of Telangana at Hyderabad. louTl 7. One CC to Sri R. Vinod Reddy, S. C. For T. S. S. P. D. C. L. (OPUC) 8. One CC 1o Sri Pasham Krishna Reddy, S. C. For GHTVC (OPUC) 9. Two CD Copies. Along with a Copy of the Order dated 26. 07. 2018 in W. P. No. 260B5 of 2018 t/P V HIGH COURT DATED:9/1212020 ORDER WP. No. 22364 of 2020 lo z I)EC 2S20 lo 15 o /. :, , * '";:--^-. i. r iL--. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \) l THE HON'BLE SRI JUSTICE M. S. RAMACHANDRA RAO WRIT PETITION No. 26O85 of 2O18 ORDER: Heard counsel for the petitioner, Sri R.

Vinod Reddy, Standing Counsel for Telangana State Southern Power Distribution Corporation Limited, appearing for respondents 1to 3, ancl Sri L. Venkateshu'ar Rao, Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for 4th respondent. 2. It is stated by learned counsel appearing for the petitioner as well as Sri R. Vinod Reddy, Standing counsel appearing for respondent Nos. 1 to 3 that the issue in this Writ Petition is covered by the order of this Court dt. 23. 03. 2018 in W. P. No. 9789 0f 2018. 3.

Therefore for reasons a1ike, this Writ Petition is also disposed of u'ith a direction to the respondents to release the pou,er supply to the premises of the petitioner subject to the compliance of the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the concerned Municipal Corporation lr'ithin a prescribed period, and if no such occupancl, certificate is produced r,"'ithin such period, it is open to the respondents to take appropriate action in accordance with law. There shall be no order as to costs 4. Consequently, miscellaneous petitions pending, if any, shall stand dismissed. M. S. RAMACHANDRA RAO, J 26th July, 2018. gra

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