M/s. Concrete Infra Projects India Pvt. Ltd 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 2020-08-25. M/s. Concrete Infra Projects India Pvt. Ltd v. The State of Telangana. Read the judgment and...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO:13715 OF 2020 Between: It4/s. Concrete lnfra Projects lndia Pvt. Ltd. , Rep. By its Director A. Anil Kumar Reddy, S/o Sri A. Jayarami Reddy, aged aboul 47 years, Occ. Business, O/o. H. No. B-1- 2841393,'lsl Floor, O. U. Colony, Shaikpet, Hyderabad. ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Power and Energy Department, Secretariat, Hyd era bad-500022 2. Southern Power Distribution Company Ltd. , of Telangana Rep. by its Chairman and [,4anaging Director, Mint Compound, Hyderabad. 3. Southern Power Distribution Company Ltd. , of Telangana Rep. , by The Chief General lt4anager (Operation) tt4edchal Zone, Hyderabad. 4. Greater Hyderabad [t4unicipal Corporation, Rep. by its Commissioner, Tank Bund Hyderabad ...
RESPONDENTS Petition under Article 226 of lhe 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 drrection more particularly one in the nature of Writ Mandamus declaring the action of the Respondents in not releasing the power supply to the Petitioners buildings at premises bearing property admeasuring 2977. 82 sq yards in Sy. No. 163 and 2967. 81 sq yards in Sy. No. 118, situated at Hafeezpet Village, I\,4adinaguda, Serilingampally Mandal, 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 3'd Respondents to release the power supply to the Petitioners buildings at premises bearing property admeasuring 2977. 82 sq yards in Sy. No. 163 and 2967. 81 sq yards in Sy. No. 118, situated at Hafeezpet Village, IVadinaguda, Serilingampally lVandal, Ranga Reddy District. Counsel for the Petitioner: SRI HARI KISHAN KUDIKALA Counsel for the Respondent No. 1: GP FOR ENERGy Counsel for the Respondent No. 2 & 3: SRt R. VINOD REDDY, S. C. FOR TRANSCO Counsel for the Respondent No. 4: SRI SAMPATH pRABHAKAR REODy, S. C. FOR G. H. M. C. The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 13715 OF 2020 ORAL ORDER: This writ petition is being disposed of at the admission stage with the consent of both parties. 2.
When the matter is taken up, it is submitted by the leamed counsel tbr the petitioner that the issue raised in the present writ petition is squarely covered by the order dated20. 04. 2020 passed by this Court in W. P. No. 6030 of 2020. 3. Learned Govemment Pleader for Energy appearing on behalf ol respondent No. l, Mr. R. Vinod Reddy, learned Standing Counsel tbr Telangana State Southern Power Distribution Company Limited appearing on behalf of respondent Nos. 2 and 3 and Mr. Sampath Prabhakar Reddy, leamed Standing Counsel for Greater Hyderabad Municipal Corporation appearing on behalf of respondent No. 4, do not dispute the aforesaid submission. 4.
In view of the above, 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 period of six (06) months, and if no such occupancy certificate 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. Miscellaneous petitions, if any, pending in the main rvrit petition shall stand closed. SD/- K. MURALI ASSISTANT REGISTRAR ,TRUE COPY// -,. ' SECTION OFFICER To, 1. The Principal Secretary, Power and Energy Department, State of Telangana, Secretariat, Hyderabad-500022 2. The Chairman and Managing Director, Southern Power Distribution Company Ltd. of Telangana, [Vint Compound, Hyderabad. 3.
The Chief General fi/anager (Operation), Southern Power Distribution Company Ltd. of Telangana lt/edchal Zone, Hyderabad. 4. The Commissioner, Greater Hyderabad IVunicipal Corporation, Tank Bund Hyderabad 5. One CC to Sri Hari Kishan Kudikala, Advocate [OPUC] 6. Two CCs to GP for Energy, High Court for the State of Telangana. [OUT] 7. One CC to Sri R. Vinod Reddy, S. C. for TRANSCO IOPUC] B. One CC to Sri Sampath Prabhakar Reddy, S. C. for G. H. [,/. C. [OPUC] 9. Two CD Copies. (Along with a Copy of the Order dated 20. 04. 2020 in W. P. No. 6030 of 2020) IVP x{tr HIGH COURT DATED:2510812020 1 HE t4 ORDER 1 WP. No. 13715 of 2020 3" 31AUGtM| a) -\' D^. * -eg I DISPOSING OF THE WRIT PETITION WITHOUT COSTS THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 6O3O OF 2O2O ORDER: This Writ Petition is filed for the follori,ing relief: ". . .
to issue an appropriate writ, order 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 Plot Nos. 4OO and 401 admeasuring 480 sq. yards in Sy. Nos. 28, 29 & 30, situated at Bachupally Village and Gram Panchayat, Bachupally Mandal, Medchal-Malkajgiri District, as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without insisting for occupancy certificate. .. " 2. When the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present Writ Petition is squarely covered by the order dated 26. O7. 2018 passed by this Court in W. P. No. 260B5 of 2018. 3. Sri R. Vinod Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, appearing for respondent Nos.
1 to 3 and Sri Chatla Madhu, learned Standing Counsel for Grater Hyderabad Municipal Corporation, appearing for respondent No. 4, do not dispute the aforesaid submission. 4. In view of the above, 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 the terms and conditions and on furnishing an undertaking to produce the occupancy certificate fro the concerned Municipal Corporation within a prescribed period, and if no such occupancy certificate is produced u,ithin such period, it is open to I, the respondents to take appropriate action in accordance with law. Misceilaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. K. LAKSHMAN, J Date:20. 04. 2O2O Note: Registry to annex copy of the order dated 26. O7. 2018 in W. P. No. 26085 of 2O 18. B/o. TJMR
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