M/s. Sri. Tulasi Constructions vs The State of Telangana and 4 Others

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF IUARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION N O: 15087 OF 2022 M/s.

Sri.

Tulasi Constructions, Partnership Firm running Sheshadri Nagar, Kukatpally, Hyderabad.

Represented bv'i S/o.

Narasimha Reddy, Age 51 years, Ocd.

Business.' its office At H.

No.

3-41712, ts Partner Sri.

B.

Subba Reddy, Between: AND 1 2 3 The State of Telangana, Represented by its princrpal Secretary, power and Energy Department, Secretariat Buildings, At Hiderabad.

The Southern Power Distribution Company.of Te,langana Ltd., Represented by its Chairman cum Managing Director, 6-i -S0,'N/int Com-pound, Fiydeiabad - 500d63.

The Southern Power Distributiol Cgmpany of Telangana Ltd., Represented by its Divisional.

Enginggr (-Op€rations), Kukutpa'ity office aI Behind i/anjeera Mall, (pHB Colony, Medchal Malkajgiri Drstrict.

The Southern Power Dtstribution Company of Telangana Ltd., Represented by its Assistant Engineer Operations Office at Nizampet, trledchal Vatfilgirl Oistrict.

The, Nizam.pet It4unicipal Corporation, Represented by its Commissioner, Nizampet, Ir,4edcha l-fvla tkajg iri District. ...PETITIONER ...RESPONDENTS 4 5 Petition under Arricle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may Le pleased to issue a writ, order or Directron preferably writ of N4andamus declaring the action of the Respondent authorities, more specifically Respondent No.4 in refusing to release the power supply /electric;ty connection to the petitioners premises in Sy.

329, admeasunng to an extent of 2390-00 sq. yards situated at Nizampet Village and Gram Panchayat, Bachupally Mandal, under Nizampet Municipal corporation, Medchal- Malkajgiri District, vide letter Lr.

AE/operation/NizampeuD .No. mpeuD .No. s44t2i-22 dated 0710312021 as illegal, arbitrary, without any jurisdiction, contrary to provisions of Electricity Act, 2003 and violative of principles of natural .Justice and consequenfly direct the Respondents No.

4 to release the power supply to the petitioners premises without referring to letter dated O411112019 issued by Respondent No.

5.

IA NO: 1 oF2022 Petitic'n under section.

151 cpc praying that in the circumstances stated in the affidavit.fired in support of the petitron, th; H"igh court may be preased io Jii"lt tn" Respondents No.

4 to rerease the p-o-wer suppri to thl petitioner. pr"rir", i" dv ru" 329, admeasuring to an extent. of 2390-oo sq. varos sitrateo at r',,izampet vrrtal'e ano 9rq., .p.u.r9nu,at, Bachupa,y- Mandat, ,nOe,- Ni.am[et Municipat C"ip"r!ti"r, fJJi"n"r Malkajgiri D strict, without referring to retter ort"o o+i 1,1rzor si, penoin! olrp"."i"i il " main Writ Petition, in the interest oi Justice.

Counsel forthe petitioner : SRI SURyA BALU MAHENDRA Counsel forthe Respondent No.l : Gp FOR ENERGY Counsel for the Respondent Nos.2 to 4 : SRI R.

VINOD REDDy Counsel forthe Respondent No.s : SRI N. pRAVEEN KUMAR The Court made the following : ORDER I THE HON'BLE SRI JUSTICE A, ABHISHEK REDDY WRIT PETITION No.15087 of 2022 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Energy appearing for respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4, and Sri N Praveen Kumar' learned standing Counsel appearing for respondent No.5.

With their consent, the present Writ Petition is being disposed of at the stage of admission itself' 2) In this writ petition, the petitioner is aggrieved by the action of the respondents, more particularly respondent No.4, in refusing to release the power supply to thepetitioner's premises situated in survey No. survey No.329 of'Nizampet village, Bachupally Mandal, Medchal-Malkajgiri District' 3) Learned counsel for the petitioner submits that the respondent authorities have refused to release the power supply to the subiect premises belonging to the petitioner aide refusal letter No.AE/Operation/Nizampet/D No'544 /21-22' dated 07.03.2027.

1) Learned Standing Counsel appearing for respondent Nos 2 to 4' on instructions, has stated that basing on the letter dated 04.11.2019 addressed by respondent No.5, power supply to the premises of the petitioner was refused to be released.

He further submits that if the petitioner makes an appiicatiory again, the authorities will receive the same and pass necessary orders thereory as per law' 5) This court has time and again reiterated that the authorities concerned have to consider the application for power cormection on its own merits and I I 2 should not be influenced by anv letter/communication made b' some other .Department;- The authorities cannot simply refuse/reject the application for power connection based on the letters addressecl by other Department Heads.

6) In view of the above made submissions and the law laid down bv this Court, the impugned rejection letter is set aside and the petitioner is directed to submit a fresh application before respondents No.4 seeking release of power supply to the subject premises, which shall be received by the authorities anc-l necessary orders be passed thereon, strictly as per law, without reference to the letter dated 04.11,.2019 of respondent No.5, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order.

7) The writ petition is, accordingly, allowed.

There shalr be no order as to costs.

Consequentlv, miscellaneous petitions pending, if any, shall stanr{ closecl SD/-P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY' SECTION OFFICER To, 1.

CER To, 1.

The State ofTelangana, Represented by its Principal Secretary, Power and Energy Department, Secretariat Buildings, At Hyderabad.

2.

The Southern Power Distribution Company of Telangana Ltd., Represented by its Chairman cum Managing Director, 6-1-50, Mint Compound, Hyderabad - 500063.

3.

The Southern Power Distribution Company of Telangana Ltd., Represented by its Divisional Engineer (Operations), Kukutpally offlce at Behind Manjeera Mall, KPHB Colony, Medchal Malkajgiri Dlstrict. r /m*'t- L-Y' 4, The Southern Power Distnbution Company of Telanqana Ltd., Represented bv its Assistant Engineer Operations Office at Nizampet.

Medchal Malkijgiri Dishict: 5 The Nizam.pet Il4unicipal Corporation, Represented by its Commissioner, Nizampet, Medchal-[,4alkajgiri District.

6.

One CC to SRI SURYA BALU MAHENDRA, Advocate [OPUC] 7.

Two CCs to GP FOR ENERGY, High Court for the State of Telangana. [OUT] 8.

Onp CC to SRI R.

VINOD REDDY, Advocate IOPUC] 9.

One CC to SRI N.

PRAVEEN KU[UAR, Advocate [OPUC] 10.

Two CD Copies 'l 1 .

One Spare Copy KS BS HIGH COURT DATED:2810312022 a } (a \ 1<. .{v ,a A\ \\" *+ i(' ,lt F o t i C ORDER WP.No.15087 of 2022 DISPOSED OF THE WRIT PETITION WITHOUT COSTS. {,, J t7 ln \L- /-'