Citation : 2025 Latest Caselaw 6766 Tel
Judgement Date : 26 November, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
WRIT APPEAL No.1269 OF 2025
Mr. D. Kaval Kumar, learned counsel appearing for the appellants.
The learned Government Pleader for Energy appearing for the respondent No.1.
Mr. N. Sreedhar Reddy, the learned Standing Counsel for TGSPDCL appearing for the respondent Nos.2 to
4.
JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
1. The matter has been kept today for further instructions of
learned counsel appearing for the parties.
2. The appellants were writ petitioners in W.P.No.32999 of
2025, an order passed by the learned Single Judge.
3. By the impugned order, dated 04.11.2025, the learned Single
Judge disposed of the said writ petition by directing the
respondents/TGSPDCL to release the electricity connections, line
clearance and meters to the concerned premises, subject to the
appellants/writ petitioners complying with the directions issued by
the Supreme Court in Rajendra Kumar Barjatya V. U.P. Avas Evam
Vikas Parishad 1 and pursuant to the statutory requirements
prescribed by the local authorities.
4. The appellants are aggrieved by the order dated 04.11.2025
to the extent that the respondents have appropriated money from
2024 SCC OnLine SC 3767
the appellants, but has failed to release the electricity to the
appellants.
5. We have heard learned counsel appearing for the parties.
6. Learned counsel appearing for the appellants however does
not have any answer to the memo issued by the respondent
No.4/the Superintending Engineer-TGSPDCL dated 25.07.2025 for
production of building permission from GHMC and Occupancy
certificate, at the time of release of service vide Circular Memo
No.CMD/CGM(Comml.)/SE(C)/DE(C)/ADE-I/D.No.410/15, dated
16.05.2015. Learned counsel also submits that the appellants are
not in possession of the Occupancy certificate.
7. We hence do not find any error in the order which is the
subject matter of challenge. The Supreme Court has issued clear
guidelines in Rajendra Kumar Barjatya (supra) and the learned
Single Judge has allowed and disposed of the writ petition subject
to the appellants/petitioners complying with such guidelines. In
the absence of Occupancy certificate, we cannot hold the impugned
order to be either erroneous or devoid of any substance.
8. The appellants shall be at liberty to make an appropriate
Application before the TGSPDCL for returning/refund of any excess
money which the latter may have taken for processing the
appellants request for release of electricity.
9. W.A.No.1269 of 2025, along with all connected applications,
is accordingly dismissed in terms of the above. There shall be no
order as to costs.
1.
__________________________________ MOUSHUMI BHATTACHARYA, J
_____________________________ GADI PRAVEEN KUMAR, J DATE: 26.11.2025 EDS
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
WRIT APPEAL No.1269 OF 2025
DATE: 26.11.2025 EDS
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