Maddirala Srivishnu Vardhan v. The State of Telangana
Court: High Court for State of Telangana
Bench: A.ABHISHEK REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-17. Maddirala Srivishnu Vardhan v. The State of Telangana. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 23091 OF 2020 Between: I\/addirala Srivishnu Vardhan, S/o Sri M. Jaya Prasad, Aged about 21 years, Occ. Business, Fl/o H. No. 4-2-14111 , Venkateswara Colony, Raithunagar, Bodhan, Niza ma bad. ... 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 l\rlanaging Director, Mint Compound, Hyderabad. 3. Southern Power Distribution Company Ltd. , of Telangana, Rep. , by its Superintending Engineer (Operation) Medchal Circle, Medchal. 4. Nizampet Ir/unicipal Corporation, Rep. by its Commissioner, Nizampet, Medchal-Malkajgiri District. ...
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 buildings at premises House bearing Plot Nos. 75 part and 76 Part, each admeasuring 222. 21 sq yares total admeasuring 444. 42 sq yards (out of total 1066. 84 sq yares) ln Sy. Nos. 142 and 143, Situated at BachupallyVillage, Pragathl Nagar Gram Panchayat, Bachupally Mandal, tvledchal-lvlalkajgin 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 buildings at premrses House bearing Plot Nos. 75 part and 76 Part, each admeasuring 222. 21 sq yards total admeasusing 444. 42 sq yards (out of total 1066. 64 sq yards) in Sy. Nos. 142 and 143, Situated at BachupallyVillage, Pragathi Nagar Gram Panchayat, Bachupally lvlandal, Medchal-tMalkajgiri District. Counsel for the Petitioner: SRI B. MANOJ KUMAR Counsel for the Respondent No. 1: GP FOR ENERGY Counsel for the Respondent Nos. 2 & 3: SRI R. VINOD REDDY, SC FOR TSSPDCL Counsel for the Respondent No. 4: SRI N. PRAVEEN KUMAR, SC FOR MUNICIPALITY The Court made the following: ORDER THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION No. 23O91 of 2O2O ORDER: Heard the learned counsel lor the petitioner, Sri R.
Vinod Reddy, learned Standing counsel appearing lor respondent Nos. 1 to 3, and the 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 for hearing, the learned counsel for the petitioner has submitted that the issue raised in the present writ petition is squarely covered by the orders passed this Court in W. P. No. 26085 of 2018, dated 26. 07. 2018, and W. P. No. 6030 of 2020, dated 20. O4 . 2O2O. The above said submission is not disputed by the learned Standing Counsels appearing lor the respondents herein. In view of the same and for the reasons alike in the order dated 26. 07. 2O18, passed in W. P. No.
26085 of 2018, the present Writ Petition is disposed ol directing the respondents to release the power supply to the premises of the petitioner, subject to compliance of the terms and conditlons 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. The miscellaneous petitions pending, if any, shall stand closed. There sha1l be no order as to costs SD/. K. ONESIM ASSISTANT REGIS T //TRUE COPY' V 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 Mint Compound, Hyderabad. 3. The Superintending Engineer (Operation), Southern Power Distribution Company Ltd.
, of Telangana, Nrledchal Circle, IVledchal. 4. The Commissioner, Nizampet Ir4unicipal Corporation, Nizampet, Medchal- Malkajgiri District. 5. One CC to Sri B. Manoj Kumar, Advocate [OPUC] 6. One CC to Sri R. Vinod Reddy, SC for TSSPDCL, Advocate [OPUC] 7. One CC to Sri N. Praveen Kumar, SC for Municipality, Advocate [OPUC] 8. Two CCs to GP for Energy, High Court for the State of Telangana at Hyderabad. [OUT] 9. Two CD Copies (Along with a copy of order dt:261O712018 in W. P. No. 26085 of 2018) SM HIGH COURT DATED:1711212020 ORDER WP. No. 23091 of 2020 ( ^ /o 2 3 DEC it120 lo DISPOSING OF THE WP WITHOUT COSTS \\ )ra),o^ I 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 Power Distribution Corporation Limited, appearing for respondents 1to 3, and Sri L. Venkateshwar Rao, Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for 4tr.
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. l to 3 that the issue in this Writ Petition is covered bv the order of this Court dt. 23. 03. 2018 in W. P. No. 9789 0f 2018 3. Therefore for reasons a1ike, this Wrlt Petition is also disposed of with a direction to the respondents to release the 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 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 sha1l be no order as to costs 4. Consequently, miscellaneous petitions pending, if an,v, shall stand dismissed. M. S. RAMACHANDRA RAO, J 26tn July, 2018. gra
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