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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SHRI JUSTICE ANIL KUMAR JUKANTI

WRIT APPEAL NO: 442 OF 2024

Writ Appeal under clause 15 of the Letters Patent Preferred Against the Order dated. 07-03-2024, in l.A.No. 3 of 2023 in WP.No. 34711 of 2023. on the file of the High Court.

Between:

1 I I I l

Y. Jaihind Reddy, S/o Late Sri Raji Reddy, Aged about 72 years, Occ. Business, FUo Plot No. 52, Flat No. 102, Monarch Apa(ments, Road No 2, Jubilee Hills, Hyderabad.

...APPELLANT/THIRD PARTY

1. G Abhilash, S/o G Gopal Reddy, Aged about 39 years, Occ. Software Engineer, Rep by his father Cum G P A Holder G Gopal Reddy, S/o Late G V R N Reddy, Aged about 76 years, Occ Doctor, Rlo. 11-13-1023, Road No 2, Near Astalaxmi Temple, Saroomagar Ranga Reddy -500035

....RESPONDENT/WRIT PETITIONER

• 2. The State of Telangana, rep. by its Principal Secretar. Power and Energy Department, Secretariat, Hyderabad,
• 3. Southern Power Distribution Company Lrmited of Telangana State, rep. by its Chairman and Managing Director, Office at lVlint Compound, Hyderabad.
• 4. Southern Power Distribution Company Limited of Telangana State, Rep. by its Superintending Engineer, 0/o ADE/Operation/ Ra,endranagar, 33/11KV Rajendranaga Sub-Station Premises, Near Pillar No. 232, Main Road, Upperpally, Hyderabad.

AND

5. Southern Power Distribution Company Limited of Telangana State, Rep. by its Assistant Engineer- Operations-Narsingi, Narsingi, Gandipet Mandal' Ranga Reddy District.

...RESPONDENTS/RESPONDENTS

lA NO:4 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim suspension of the order dated 07-03-2024 passed by the learned single judge in LA.No. 3 of 2023 in W.P. No. 34711 ol 2023, pending Writ Appeal in the interest of justice

counsel for the Appellant: SRl. ASHOK REDDY KANATHALA REP SRI YEMIREDDY RAJASHEKAR REDDY

Counsel for the Respondent No.1: M/s. CH. VENGAMAMBA REP M/s. CHINTALAPUDI LAKSHMI KUMARI

Counsel for the Respondent No.2: GP FOR ENERGY

Counsel for the Respondent Nos. 3to5: M/s' NIKITAGOENKA REP SRI R. VINOD REDDY, SC FOR TSSPDCL

The Court made the following: JUDGMENT

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AI{D

THE HON,BLE SHRI JUSTICE ANIL KUMAR

WRIT ^N0.442 of20/24

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

Mr. Ashok Reddy Kanathala' learned counsel representing Mr. YemireddY counsel for the aPPeUant' Rajashekar ReddY, learned

Ms. Ch.Vengamamba' Ms. ChintalaPudi Lakshmi respondent No.1. learned counsel rePresenting Kumari, learned counsel for

Ms. Nikita Goenka, Mr. R.Vinod Reddy, learned Standing Counsel for Southern Power Distribution Company Limited of Telangana State (hereinafter referred to as TSSPDCLJ for respondent Nos'3 to learned counsel rePresentlng 5

2. This intra court appeal has been filed against orderdatedoT.o3.2o24passedbythelearnedSingleJudge in I.A.No.3 of 2023 in W'P'No'34711 of 2023'

3. karned counsel for the parties jointly submit that the controversy involved in the instant writ appeal is squarely covered by the common judgment dated 0g.04.2024 passed by this Court in Writ Appea.l Nos.252, 253, 256 and 2SZ of 2024. It is further pointed out by Mr. Ashok Reddy Kanathala, learned counsel for the appellant that Special Leave Petitions to Appeal (C) Nos.l1536_11537 of 2024 filed against the a_foresaid common judgment d,ated, OS.O4.2O24 have been withdrawn by the petitioner in the aforesaid Special l,eave Petitions, who is respondent No.1 in W.A.Nos.256 and 25T of 2024, on 22.05.2024. A copy of the aforesaid order passed by the Supreme Court is placed on record

4. In vieu, of aforesaid submissions, the following directions arer issued:

The application submitted by a person seeking electricity' connection has to be decided on the touchstone of criteria laicl clown in Clause 5 of Genera_l Terms & Conditions of Supply by TSSpDCL. The impugned order passed by the learned Single Judge is therefore set aside. TSSpDCL is

directed to process the application submitted by respondent No.1 in accordance with the criteria prescribed under Clause 5 of General Terms and Conditions of Supply. Needless to state that the appellant shall also be heard by TSSPDCL besides the application submitted by respondent No.1 for grant of electricity connection. It is made clear that this Court has not expressed any opinion on merits of the claims of the rival parties as the same has to be examined by TSSPDCL. The application preferred by respondent No.1 shall be decided by TSSPDCL by a speaking order within a period of two (2) months from today.

Accordingly, the Writ Appeal is disposed of. 5.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

SD/- CH. VENKATESHWARULU DEPUTY REGISTRAR

//TRUE COPY//

SECTIÓN OFFICER

1. The Principal Secretar. Power and Energy Department, Secretariat, To,

2. The Chairman and Managing Director, Southern Power Distribution Company Limited of Telangana State, Office at Mint Compound, Hyderabad.

3. The Superintending Engineer, Southern Power Distribution Company Limited of Telangana State, 0/o ADE/Operation/ Rajendranagar, 33/11KV Rajendranaga Sub-Station Premises, Near Pillar No. 232, Main Road, Upperpally, Hyderabad.

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• 4. The Assistatnt Engineer Operations, Southern Power Distribution Company Limited of Telangana Statd, Narsingi. Narsingi, Gandipet Mandal, Ranga Reddy District.
• 5. Two CCs to GP FOR ENERGY ,High Court for the State of Telangana,at
• Hyderabad [OUT] 6. ohe cc ro sRl vevtReoov RAJASHEKAR REDDY, Advocate [OPUC]
• 7. One CC to SRI, R. VINOD REDDY, SC FOR TSSPDCL [OPUC]
• 8. One CC to M/s. CHINTALAPUDI LAKSHMI KUMARI, Advocate [OPUC]
• 9. Two CD Copies

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HIGH COURT

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DATED:05/06/2024

JUDGMENT

WA.No.442 of 2024

DISPOSING OF THE WRIT APPEAL WITHOUT COSTS

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