Telangana High Court
WP/46515/2022 of J P INFRATECH Vs Southern Power Distribution Company Ltd., of Telangana and 2 others on 29 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT I'HE HONOURABLE SRI JUSTICE K. SARATH /. WRIT PETITION NO: 46515 OF 2022 Between: J P INFRATECH, Represented by Sri. N. Jai Prakash, S/o.N.
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT
I'HE HONOURABLE SRI JUSTICE K. SARATH [/.]WRIT PETITION NO: 46515 OF 2022
Between:J P INFRATECH, Represented by Sri. N. Jai Prakash, S/o.N. Vishwanatham, Occ. Busingss,-"'Office at 2-5-37,Katta Kinda Basihi, Sikh Village, Secunderabad, Telangana State ...PETITIONER
AND
l. Southern Power Distribution Company Ltd., of Telarpana, rep. by its Chairman andManaging Director, Mint Compound, Hy der abad,. ./Managing Director, Mint Compound, Hy der abad,. ./
2. Southem Power Distribution Company Ltd., ofTelangana, rep. by its SuperintendingEngineer (operation) Cybercity, Hyderabad. .Engineer (operation) Cybercity, Hyderabad. .
3. Southern Power Distribution Company I.td., olTelangana. rep. by itsA DE/Opn/Chanda Nagar. Hy derabad. /A DE/Opn/Chanda Nagar. Hy derabad. /
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue an appropriate Writ, order or direction more particularly one in the nature of Writ ofMandamus by declaring the action of the Respondents in not processing the individualapplications for release ol individual electricity connections.to the individual Flats of thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue an appropriate Writ, order or direction more particularly one in the nature of Writ ofMandamus by declaring the action of the Respondents in not processing the individualapplications for release ol individual electricity connections.to the individual Flats of thepetitioner's building Sai Nath Enclave; in Plot Nos.1, 2, 1 1 and l2 in sy.No.78,admeasuring 2952 sq yards, situated at Venkafaramana Colony, Hafeezpet Village,Serilingampally Mandal, Ranga Reddy District now Medchal-Malkajgiri District as [i1legal,]arbitrary, unjust and consequently direct the respondenls to process individual applicationsfor providing individual electricity connections and to release individual serviceconnections with meters to each Flat without any further delay; ,,/IA NO I oF 2022admeasuring 2952 sq yards, situated at Venkafaramana Colony, Hafeezpet Village,Serilingampally Mandal, Ranga Reddy District now Medchal-Malkajgiri District as [i1legal,]arbitrary, unjust and consequently direct the respondenls to process individual applicationsfor providing individual electricity connections and to release individual serviceconnections with meters to each Flat without any further delay; ,,/IA NO I oF 2022
Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to direct the 3'dRespondent to process individual applications for providing individual electricityconnections and to release individual service connections with meters to each Flat of thepetitioner's buitding Sai Nath Enclave, in Plot Nos. 1,2, ll & l2 in sy.No.78, admeasuring2952 sq yards situated at Venkataramana Colony, Hafeezpet Village, SerilingampaltyManda[, Ranga Reddy District now Medchal -Matkajgiri District Counsel for the Petitioner : SRI. SATHVIK MAKUNURCounsel for the Respondents : SRI. R VINOD REDDY(SC FOR TSSPDCL)The Court made the following :
Po,je 1 of [j]WP No.15515 of 2022sK,l
THE HON'3LE SRI JUSTICE K.SARA:TH
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ORDER:
WRIT F E'IITION No. 46515 OF 2022
The petitioner seekir g the following relief:
" .. .to issue ang appropriate Wit, Order or Dire<:tior,.more particult ulA one in Nature of Writ of Manda,nusdeclaing the action of the respondents in not proce's,;ingrthe indiuiduc I appLications for release of in.diui.t.tuat.electicity cor nections to the indiuiduol Flots o.f th<:petitioner's bt tlding SAI NATH ENCLAVD, in Plot ,\o:;.1, 2,11 and 12 in Sg.No.78, admeasuring 2952 Squ.are \',z.rds,situated cd l'enkataramana Colony, Hafeezpet VLlloge,Serilingampal g Mandal, Ranga Reddg Distict, Med<:hal-Malkajgiri D strict cs illegal, arbitrary, unjust anclconsequently Tirect the respondents to proces:; irtdiui':lualap plications J',r p ro uiding indiuidual electicitg co t u1 e ct [i,on:)]and to releos< irtdiuidual se:ruice connections..."
2. Heard Ms. Sahvik Makunur, Learned Counsel for thepetitioner, Sri R.Vir od Reddy, Learned Standing Counsel forthe respondents, and the writ petition1S dispose'd of atadmission stage witlr the consent of the both the partir:s.
3. The Learned [()ounsel ]for the petitioner submi:l.ed thatthe petitioner has r:ntered into the Development A5;reement-cum-General Power of Attorney with the owners Sa:i Ar''zinda Poge 2 cl iwP No.46515 of 2022SK, J
Seva Trust represented by Sri T.Pratap Reddy, S/o Late.RamChandra Reddy, R/o.Narayanaguda with respect to PlotNos.1,2, 11 and 12 in Survey No.78, admeasuring 2952Square Yards, situated at Venkatararnana Colony, HafeezpetNos.1,2, 11 and 12 in Survey No.78, admeasuring 2952Square Yards, situated at Venkatararnana Colony, HafeezpetViilage, Serilingampally Mandal, Ranga Reddy District nowMedchal-Malkajgiri District uide Agreement dated13.O2.2019. The petitioner submitted an application forMedchal-Malkajgiri District uide Agreement dated13.O2.2019. The petitioner submitted an application forpower supply to the said house. The petitioner applied fordomestic electricity connection uide acknowiedgment dated09.12.2022 to the respondents, but as on this date, therespondents have not given any power supply to thedomestic electricity connection uide acknowiedgment dated09.12.2022 to the respondents, but as on this date, therespondents have not given any power supply to thepetitioner, which is contrary to the Sub-section 43 ofElectricity Act and requested to direct the respondents toconsider the petitioner's application and pass appropriateorders.Electricity Act and requested to direct the respondents toconsider the petitioner's application and pass appropriateorders.
4. In view of the sarne, this writ petition is disposed of witha direction to respondents to consider the application filed bythe petitioner dated 09.12.2022 as per law, and provide -"
I
Poqe 3 of 3WP No.45515 of 2022SK, J
power supply or par s appropriate orders on the irprj icationfiled by the petitionrr, within four (4) weeks from :hre datereceipt of copy of this order. There shall be nr> orcit::'as tocosts.
5. As a sequel to t. Miscellaneous Petitions pendir-t11, if anyshall stand closed.
SD/- P CTt.N [1..t;AITHUSHAMBA],/\SSIS.IA.NTIST'RAR
,TRUE, COPY//
ST]I--TION OFFICER
To,
1. Thc Chairman and Managing Director, Southern Power Distnbur ion C,rmpany Ltd.,of Telangana, Min Compound, State of Telangana, Hyderabad.of Telangana, Min Compound, State of Telangana, Hyderabad.
2. The Superintendin l Engineer (operation) Southem Power Distribution Company Ltd.,ofTelangana, Cyb, rcity, State of Telangana, Hyderabad.ofTelangana, Cyb, rcity, State of Telangana, Hyderabad.
3. The ADE/Opn/Chz nda Nagar, Southem Power Distribution ()onrp:my Ltd., ofTelangana, State o l'elangana, Hyderabad.Telangana, State o l'elangana, Hyderabad.
4. One CC to SRI. Sl THVIK MAKLINUR Advocate [OPUC]
5. One CC to SRI.R [VINOD ]REDDY, Advocate [OPUC]
6. Two CD Copies
\
HIGII COI.JI{'I
SK, J
DATED: 29t12t2022
ORI)I]R,
WP.No.46515 of 202 [1]
WRII'PETII'ION I i I)ISPOSEI) OF WI'IHOUT COST5
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