HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40380 of 2014 Date:29.12.2014 Between:
Kancharla Kantha Rao, S/o K.Vara Prasada Rao and another.
. Petitioner And:
The A.P. Southern Power Distribution Company Limited, reptd by the Chairman and Managing Director, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri S.S.N.Moorthy Counsel for Respondent Nos.1 to 3: Sri P.Vinod Kumar The Court made the following:
ORDER:
This Writ Petition is filed with the grievance that the petitioners, who have purchased Flat Nos.C-1 and C-2 in the second floor of the building constructed by one Gogana Venkatramana, are not being provided with Service Connections.
At the hearing, Sri P.Vinod Kumar, learned Standing Counsel for the A.P. Southern Power Distribution Company Limited, submitted that in respect of Flat Nos.C1 and C-2, belonging to the petitioners, situated on the second floor of the building called ‘Surya Towers’, Door No.4-2-91/5, Srinivasa Nagar, Baptla, Guntur District, there is no dispute that the said flats are constructed according to the sanctioned plan. He has further submitted that as the builder has unauthorizedly constructed three floors, respondent No.4 has raised an objection for release of power supply. He has, however, not disputed the fact that respondent No.3 has himself addressed letter, dated 27.11.2012, to respondent No.4, wherein he has informed that he has no objection for sanction of Service Connections to the petitioners in respect of Flat Nos.C-1 and C-2.
Inasmuch as the construction of Flat Nos.C-1 and C- 2 forming part of second floor of the building called ‘Surya Towers’, Srinivasa Nagar, Bapatla, appears to be in accordance with the sanctioned plan, the petitioners cannot be denied sanction of Service Connections and release of power supply merely because the third floor was constructed unauthorizedly.
For the above-mentioned reasons, respondent No.3 is directed to ensure that Service Connections are sanctioned to the petitioners and power supply is released in respect of Flat Nos.C-1 and C-2 of Surya Towers, Srinivasa Nagar, Bapatla within one month from the date of receipt of a copy of this order, subject to the petitioners complying with the requirements under the terms and conditions of supply of respondent No.1.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.50635 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
29th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY