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M/S SUDHAKAR CONSTRUCTIONS v. The State of Telangana

Court: High Court for State of Telangana

Bench: SUREPALLI NANDA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2024-12-16. M/S SUDHAKAR CONSTRUCTIONS v. The State of Telangana. Read the judgment and case details on...

Judgment text

432s21 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 35183 OF 2024 Between: M/s. SUDHATGR CONSTRUCTIONS, Rep by k. Sudhakar S/o. K. Somaiah Age. 37 years, Occ. Civil Contractor, Rl/o. H. No. 12-10-590/96/F, and Portion of H. No. 12-10-587/96/F, Seethaphalmandi, Secunderabad, Hyderabad District, T. S. ... PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary Power and Energy Department Secretariat, Hyderabad-500022. 2. The Southern Power Distribution Company of Telangana State Ltd, Rep. by its Chairman and Managing Director having its Corporate office at 6-1-50, Mint Compound, Hyderabad 500063. 3. Chief General Manager cornrnercial Mint Compound TGSPDCL, Hyderabad 4. The Superintending Engineer Operation, Secundrabad Circle TGSPDCL Gunrock SS. Thirumalgiri Road, Secunderabad 5.

The Divisional Engineer Operation/ Paradise Division TGSPDCL, Secunderabad 6. The Assistant Divisional Engineer/ Operation/P. R. Nagar Sub-Division TGSPDCI-, Hyderabad 7. The Assistant Engineer/ OPRy, SEC'BAD Circle/AE OP SP' Mandi TGSPDCL, Hyderabad B. The Greater Hyderabad Municipal Corporation, Rep. by the Commissioner, Near Tank Bund, Hyderabad ... RESPONDENTS Petition under Artic{e 226 of lhe Constitution of lpdia 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 9f WRIT OF MANDAMUS directing the respondents 2 to 7 to provide Electricity connection LT Supply to 4Nos. 1-ph 02KW of each the existing T/S V2033053-1- Ph-03KW, Domestic service V6063814-1PH-01KW, D/S V2035718-1Ph-01KW, D/S V2033052-1Ph-01KW, D/S V6034195-3Ph-05KW, thus making total load of 19KW Connection to the Residential Building, H. No. 12-10-590/96/F, and Portion of H. No.

12-10-587/96/F, admeasuring 191. 66 Sq. Yards situated at Seethaphalmandi, Secunderabad, Hyderabad, T. S. , bounded by North. '12-10-587163, Remaining Portion of House No. 12-10-588/A and South. 30'Wide portion Road, East. House No,12-10-76414, West. Neighbours House. Remaining of house belongs to second party. Without insisting upon occupancy certificate from the 8th 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 2 lo 7 lo provide electricity connection LT Supply to 4No's. 1-ph 02KW of each the existing T/S V2033O53-1-Ph-O3KW, Domestic service V606381 4-1 PH-01 KW, D/S V203571 8-1 Ph-01 KW, D/S V2033052-1 Ph- 01KW, D/S V6034195-3Ph-05KW, thus making total load of 19KW Connection to the Residential Building, H.

No. 12-10-590/96/F, and Portion of H. No. 12-10- 587lS6lF, admeasuring '191. 66 Sq. Yards situated at Seethaphalmandi, Secunderabad, Hyderabad, T. S. , bounded by North. Remaining Portion of House No. 12-10-588/A and 12-10-587163; South. 30' Wide Road; East. House No. 12-10-764/4; West. Neighbours House. 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: M/s. THAKUR ROOPA SINGH Counsel for the Respondent No. 1: GP FOR ENERGY Counsel for the Respondent No. 2 to 7: SRI R. VINOD REDDY, SC FOR TGSPDCL Counsel for the Respondent No. 8: SRI MIDDE ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No. 35143 OF 2024 ORDE Heard Smt. Thakur Roopa Singh, learned counsel appearing on behalf of the Petitioner,Jearned Government Pteader for Energy, appearing on behatf of the respondent No.

1, Sri R. Vinod Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of the respondent Nos. 2 to 7 and Sri Midde Arun Kumar, learned Standing Counsel for GHMC, appearing on behalf of the respondent No. 8. 2. The etitioner apDroach the Court seekinq Draver 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 LT Supply to 4No's. l-ph 02KW of each the existing T/S V2033053-1- Ph-03KW, Domestic service V6063814-1-PH-01KW, D/S v2035718-1Ph-o1KW, D/S V2033052-1Ph-o1KW, D/S V6034195-3Ph-05KW, thus making total load of 19KW Connection to the Residential Building, H. No. 12-10-59O/96/F, and Portion of H. No. 12-10-587/961F, admeasuring 191. 66 Sq. Yards situated at Seethaphalmandi, Secunderabad, Hyderabad, T. S. , bounded by North: Remaining Portion of House No. 12-10-5BB/A & 12-10-587/63; South:30' Wide Road; East: House No.

l2-70-764/4; West: Neighbours House: Remaining portion of house belongs to second party.. Without insisting upon occupancy certificate from the Brh respondent by holding that the refusal to provide electricity connection to the above referred premises is illegal and arbitrary and pass such order or orders as this Hon,ble Court may deem fit and proper in the circumstances of the case. ,, 3. It is represented by the learned counsel appearing on behalf of the petitioner and Sri R. Vinod Reddy, rearned standing counser for TGSPDCL appearing on beharf of respondent Nos. 2 to 7 that the subject issue in the present writ pefition is squarery covered by the order of this Court dated 03. 12. 2024 passed in W. p. No. 33B5g of 2024, hence, the writ petition could be disposed of in terms of the order of this Court dated 03. 12. 2024 passed in W. p. No. 33B5g of 2024. 4. Bringing the said submissions of both the learned counser appearing on beharf of the petationer and sri R.

vinod Reddy, learned Standing Counsel for TGSpDCL appearing on behalf of respondent Nos. 2 to 7 on record and for the reasons alike in the above referred order passed by this Court in W. P. No. 338SB ot 2024, dated O3. 12. 2C. 24, the writ petition is disposed of at the admission stage, directing the respondent No. 2 to 7 to provide electricity connection LT Supply to 4No's. 1-ph O2KW of each of the existing T/S J VZO33O53-1-Ph-O3KW, Domestic service V6063814-1-PH- 01 KW, D / S VZO357 18- 1 Ph-Ol KW, D/S V2033052-1 Ph-o I KW, DlS V6O34L95-3Ph-O5KW, thus making tota! load of 19KW Connectaon to the Residential Building, H. No,12-10- 59O/961F, and Portion of H. No. 12-1O-587 /961F, admeasuring 19L. 66 Sq.

Yards satuated at Seethaphalmandi, Secunderabad, Hyderabad, Telangana State, upon the petitioner complying with the required terms and conditions as per rules in force, and upon the petitioner furnishing an undertaking to produce the occupancy certifacate 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 petitioner 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. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. SD/-T. JAY EE ASSISTANT REGIS RAR //TRUE COPY// SECTION OFFICER To, Secretariat" Poy9l^ir1d Energy Department 1. The Princ'4ral Secretary, z z' Hyderabad, State of Telangana-otJuu Distribution Company and Managing Director' Southern Power 2.

TfeChairman Compound' Jm"" 6-1-50' Mint r-to,'nvaviXg"ii""66ibot"t" of Telansana state "t Hyderabad 500063. TGSPDCL' Mint Compound, 3. The Chief General Manager, Commercial Hyderabad k 4. The Superintending Engineer Operation, Secundrabad Circle TGSPDCL \ Gunrock SS. Thirumalgiri Road, Secunderabad 5. The Divisional Engineer Operation/ Paradise Division TGSPDCL Secunderabad 6. The Assistant Divisional Engineer/ Operation/P. R. Nagar Sub-Division TGSPDCL, Hyderabad 7. The Assistant Engineer/ OPR/, SEC'BAD Circle/AE OP SP' Mandi TGSPDCL Hyderabad 8. The Greater Hyderabad Municipal Corporation, Near . Commissioner, Tank Bund, Hyderabad 9. One CC to Mis. THAKUR ROOPA SINGH, Advocate IOPUC] 10. One CC to SRI R. VINOD REDDY, SC FOR TGSPDCL IOPUCI 11. One CC to SRI MIDDE ARUN KUMAR, SC FOR GHMC IOPUC] 12. Two CCs to cP FOR ENERGY, High Court for the State of Telangana at Hyderabad [OUT] 13. Two CD Copies BSR BS o. CC TODAY HIGH COURT DATED: 1611212024 ,. 9 S Ir. r1: o , ,i i. 1 0L t ztj?

q 1ii ,-l '_/ \ . 'v \-.. ,. '' ORDER WP. No. 35183 of 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \b ! >

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.