Telangana High Court

WP/28988/2019 of Bojja Dayakar Reddy Vs Southern Power Distribution Company of Telangana Limited on 31 December 2019

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SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 28988 of 2019 ORDER: This Writ Petition is filed for the following relief: “….to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent

THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 28988 of 2019

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ORDER:

This Writ Petition is filed for the following relief:

“….to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos.1 to 4 herein in releasing the power supply to the premises constructed in Plot No.1 Part and 12 NCL Enclave, Petbasheerbagh, Qubullapur R R District, in spite of completion of the required formalities and payment of the requisite amount, as being illegal, arbitrary and unjust and consequently direct the respondent Nos.1 to 4 herein to release the power supply without insisting to Occupancy Certificate from the respondent.”

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 common order dated 17.12.2018 passed by this Court in W.P. No. 45714 of 2018 and batch.

Sri R. Vinod Reddy, learned Standing Counsel for Telangana State Southern Power Distribution Company Limited, appearing for respondent Nos.1 to 4 does not dispute the aforesaid submission.

Operative portion of the aforesaid order reads as under:

“In view of the above, these writ petitions are also disposed of with a direction to the respondent to release the power supply to the premises of the petitioners, subject to their complying with the terms and conditions of supply and also on furnishing an undertaking to produce the occupancy certificate from the Municipality/Municipal Corporation concerned within a period of three 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.”

In those circumstances, following the above said common order and for the reasons recorded therein, this Writ Petition is also disposed of with the direction to the respondents to release the power supply to the premises of the petitioner subject to his complying with the terms and conditions of supply and also on furnishing an undertaking to produce the Occupancy Certificate from the Municipality/Municipal Corporation concerned within a period of three months, and if no such Occupancy Certificate is produced within such period, the respondents to take action strictly in accordance with law and to disconnect the petitioner’s service connection.

Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs.

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CHALLA KODANDA RAM, J 31[st] DECEMBER, 2019.

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