Mohd. Habeebuddin v. Telangana State Southern Power Distribtition Corporation Limited and 4 Others
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-06-19. Mohd. Habeebuddin v. Telangana State Southern Power Distribtition Corporation Limited and 4...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 8671 OF 2020 Between: Mohd. Habeebuddin, S/o. Mohd Haji Mastan, aged about 60 years, Occ. Private Service, R:/o. H. No. 8-4-3691 124, Borabanda, Banjaranagar, Hyderabad. ... PETITIONER AND '1 . Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad Rep. by its. Chairman-cum-lt4anaging Director. 2, The Superintending Engineer, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad. 3. The Divislonal Engineer, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Kukatplly, Hyderabad. 4. The Asst. Divisional Engineer, Telangana State Southern Power Distribution Corporation Limited, Ayyappa Society, I\,4adhapur, Hyderabad. 5.
Greater Hyderabad Municipal Corporation, Hyderabad Circle, Tank Bund, Rep. by its Commissioner. ... 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 a Writ, order or direction more particularly one rn the nature of Writ of Mandamus declaring the action of the Respondents in not receiving the application form and not releasing the power supply to the petitioner House Bearing Plot Nos. 7B2A, 783 and 784 in Sy. No. 11l29 and 11132, parl of Sy. No. '1 1 situated at Khanamet Village Serilingampally I\/andal, Ranga Reddy District as illegal, null, void, arbitrary and consequently direct the respondents to release the power supply without being influenced by the instructions of the sth respondent.
lA NO: 1 OF 2020 '1 Petition under Section 5'1 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 l to 4 to. receive the application form and release the power supply to the petitioner House Bearing Plot Nos. 7B2A, 783 and 784 in Sy. No. 11l29 and 11132, part of Sy. No. 11, situated at Khanamet Village Serilingampally Mandal, Ranga Reddy District. Counsel for the Petitioner:SRl. HARI KISHAN KUDIKALA Counsel for the Respondent Nos. 1 to 4: SRI. R . VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No. 5: SRl. SAMPATH PRABHAKAR REDDY, SC FOR GHMC The Court made the following: THE TIONOURABLE SRI JUSTICE K. LAKSiHMAN WRIT PETITION No. 867L OF 2C'2O ORDER: This Writ Petition is filed for the following rt:liel': "...
to issue an appropriate writ, order direction more parti< ulzrrly one in the nature of Writ of Mandamus declaring the action of the respondents in not receiving the application form and releasing the power supply to the petitioner house bearing Plot Nos. 782A, 783, and 784 in Survey No. 11/29 and lll32, Part of Sun'ey No. 11, situat. ed at Khanamet Village, Sarilingam,rally Mandal, Ranga Reddy District, as illegal, nu1i, void, arbitrary and consequently direct the respondents to relerse the power supply without being influenced by the instructions of the 5d respondent.. . " 2. When rhe matter is taken up, it is submit:ed bv the learned counsel for t he petitioner that the issue raised i e t}-re present Writ Petition is srluarely covered by the order dated '. '. 6. O7. 2018 passed by this Court in W. P. No. 26085 of 2018. 3. Sri R. \'inod Reddy, learned Standing Courrsel for Telangana State Southern Power Distribution Company Limited, appearing for respondent Nos.
1 to 4 and Sri Sampath Prabhal:ar Reddy, learned Standing Counsel for Grater Hyderabad Muni -'ipal Corporation, appearing for respondent No. 5, do not disp rte the aforesaid submission. 4. In vielr, of the above, for the reasons alike in the said order, this Writ Petrtion is disposed of directing the resp ondents to release power supply to the premises of the petition :r subj ect to the compliance ol the terms and conditions and on furnishing an undertaking to produce the occupancy certilicate fro the concerned Municipal Corporation within a prescribed period, . r. nd il no such occupancy certificate is produced within such period, it is open to the respondents to take appropriate action in accordance with law. Miscellaneous petitions pending, if any, shall stand disposed of' There shall be no order as to costs. SD/. K. AMMAJI ASSISTANT R ISTRAR ,TRUE COPY// SECTION OFFICER To, 1.
The Chairman-cum-lt4anaging Director, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad. 2. The Superintending Engineer, Telangana State Southern Power Distribution Corporation Limited, Vidyuth Soudha, Somajiguda, Hyderabad. 3. The Divisional Engineer, Telangana State Southern Power Distribution Corporatron Limited, Vidyuth Soudha, Kukatplly, Hyderabad. 4. The Asst. Divisional Engineer, Telangana State Southern Power Distribution Corporation Limited, Ayyappa Society, lr/adhapur, Hyderabad. 5. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad Circle, Tank Bund. 6. One CC to Sri. Hari Kishan Kudikala, Advocate (OPUC) 7. One CC to Sri. R. Vinod Reddy, SC for TSSPDCL (OPUC) B. One CC to Sri. Sampath Prabhakar Reddy, SC for GHI\/C (OPUC) 9. Two CD Copies. (along with a copy of order dated 2610712018 in WP. No. 26085 of 2018) P[/ q HIGH COUR-T DATED:1910612020 ORDER WP. No. 8671 of 2020 e STAI€ ffi ( I v- .
rUNZt[$ rl o . b B t at * l)E; l,qIc l<. '"'' Disposing of the WP Without costs. @@' W THE HON'BLE SRI JUSTICE M. S. RAMACHANDRA RAO WRIT PETITION No. 26O85 of 2018 ORDER: Heard counsel for the petitioner, Sri R. Vinod Reddy, Standing Counsel for Telangana State Southern Pou,er Distribution Corporation Limited, appearing for respondents 1 to 3, and Sri L. Venkateshwar Rao, Standing Counsel for Greater Hyderabad Municipai Corporation, appearing for 4th respond ent. 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 of 2018. 3.
Therefore for reasons alike, this Writ Petition is also disposed of with a direction to the respondents to release the por,ver 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 within a prescribed period, 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. There shall be no order as to CoStS 4. Consequently, miscellaneous petitions pen ng, if any, shall stand disr rissed. M. S. RAMACHANDRA RAO, J 26th July, 2018 gra
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