Telangana High Court
M/S Gk Raj Constructions vs The State Of Telangana on 20 November, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.32405 of 2024
ORDER:
Heard Smt. P. Sumita, learned Counsel appearing on behalf of the petitioner, learned Government Pleader for Energy, appearing on behalf of respondent No.1, Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing for respondent Nos.2 to 5 and Sri K. Ravinder Reddy, learned Standing Counsel for GHMC, appearing on behalf of respondent No.6.
2. The petitioner approached the Court seeking prayer as follows:
"...to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 in insisting the petitioner to get occupancy certificate from 6th respondent for release of electricity power supply to the residential building that is block 1 and block 2 (application with the registration No.HT22448534), 49 Golf Enclave, Kowkoor village, Yapral, Medchal. admeasuring Ac.5.30 guntas (27830 Sq.yds) in Survey No.49, situated at Yapral village, under Greater Hyderabad Municipal Corporation, Malkajgiri circle and district Registrar, Medchal-Malkajgiri 2 SN, J WP_32405_2024 district and bounded as follows - North: layout in part of survey No.49, South :Part of survey No.49, East:
Part of survey No.49, West :100' wide road as illegal and arbitrary and violative of Article 14 and Article 19 of Constitution of India, and consequently direct the respondents 2 to 5 to release the electricity power supply to the to the residential building Block 1 and Block 2 (application with the registration No. HT22448534), 49 Golf Enclave, Kowkoor village, Yapral, Medchal. admeasuring Ac.5.30 guntas (27830 Sq.yds) in Survey No.49, situated at Yapral village, under Greater Hyderabad Municipal Corporation, Malkajgiri circle and district Registrar, Medchal- Malkajgiri district and bounded as follows-North: layout in part of survey No.49, South: Part of survey No.49, East: Part of survey No.49, West:100' wide road without insisting upon to provide occupancy certificate issued by 6th respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. It is represented by both the learned counsel appearing on behalf of the petitioner and learned Standing Counsel appearing on behalf of respondent Nos.2 to 5 that the subject issue in the present writ petition is squarely covered by the order of this Court dated 16.10.2023 passed in W.P.No.28987 of 2023, hence the present writ petition could be disposed of 3 SN, J WP_32405_2024 in terms of the order of this Court dated 16.10.2023 passed W.P.No.28987 of 2023.
4. Bringing the said submission of both the learned counsel on record, the writ petition is disposed of at the admission stage, directing the respondents to provide the power supply to the residential building Block 1 and Block 2 (application with the registration No.HT22448534), 49 Golf Enclave, Kowkoor village, Yapral, Medchal. admeasuring Ac.5.30 guntas (27830 Sq.yds) in Survey No.49, situated at Yapral village, under Greater Hyderabad Municipal Corporation, Malkajgiri circle and district Registrar, Medchal- Malkajgiri district, upon the petitioner, complying with the required terms and condition as per rules in force, and upon the petitioner furnishing an undertaking to produce the occupancy certificate from the Municipal Corporation concerned, within a reasonable period as prescribed by the respondent authority and if no such occupancy certificate is produced by the petitioner within such prescribed time, it is open to the 4 SN, J WP_32405_2024 respondents to take appropriate action, in accordance to law. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA Date: 20.11.2024 Dsu