M/s. Sri Laxmi Developers vs The State of Telangana

THE HON'BLE Dr.

JUSTICE SHAMEEM AKTHER WRIT PETITION No.1304 of 2022 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein, the following prayer is made. “...to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents authorities more particularly Respondent Nos.4 and 5 authorities in refusing to release the power supply vide rejection letter Reference No.LTM226480017 dated 05.01.2022 to the petitioner’s premises bearing Plot Nos.39 and 40, total admeasuring 400 sq.yards in Sy.Nos.173, 175, 176 and 181 situated at Mallampet Village, Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District, on the ground of letter reference No.NMC/G/03/2020 dated 14/05/2020 issued by the Respondent No.6 (not to release the power supply for illegal construction) as illegal, arbitrary, without any jurisdiction, contrary to the provisions of electricity Act 2003 and violative of Article 14 of the Constitution of India and consequently direct the Respondents Nos.4 and 5 authorities herein to release the power supply to the petitioner property bearing Plot Nos.39 and 40, total admeasuring 400 sq.yards in Sy.Nos.173, 175, 176 and 181 situated at Mallampet Village, Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District, without referring to letter reference No.NMC/G/03/2020 dated 14/05/2020 issued by the 6th Respondent and pass such other order or orders..” 2.

Heard the learned counsel for the petitioner, learned Government Pleader for Energy, appearing for respondent No.1, Sri R.

Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing for respondent Nos.2 to 5, Sri N.

Praveen Kumar, learned Standing Counsel for Municipality, appearing for respondent No.6 and perused the record.

3. record.

3.

When the matter is taken up for hearing, learned counsel for the petitioner submitted that the issue raised in the present Writ Petitions is squarely covered by the order dated 15.11.2021 passed by this Court in W.P.No.27330 of 2021.

2 4.

Sri R.

Vinod Reddy, learned Standing Counsel for TSSPDCL conceded the above submission.

5.

The operative portion of the order dated 15.11.2021 passed by this Court in W.P.No.27330 of 2021, reads as follows: “In view of the above made submissions, the petitioner is directed to submit an explanation before respondent Nos.4 & 5 seeking release of power supply, which shall be received by the authorities and necessary orders be passed thereon, strictly as per law, without reference to the proceedings in No.NMC/G/03/2020 dt.14.05.2020 of the respondent No.6, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order.” 6.

The relief claimed and the contentions raised in W.P.No.27330 of 2021, is identical to the relief claimed and contentions raised in the present Writ Petition.

7.

Under these circumstances, in terms of the order dated 15.11.2021 passed by this Court in W.P.No.27330 of 2021, the present Writ Petition is disposed of and the petitioner is directed to submit explanation before the respondent Nos.4 and 5 seeking release of power supply, which shall be received by the authorities and necessary orders be passed thereon, strictly as per law, without reference to the proceedings in No.NMC/G/03/2020 dt.14.05.2020 of the respondent No.6, as expeditiously as possible, preferably, within a period of four(4) weeks from the date of receipt of a copy of this order.

Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed.

No order as to costs. ____________________ Dr.

SHAMEEM AKTHER, J Date: 07.01.2022 scs