IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.25135 of 2009 Between: Smt.Adari Krishna Kumari, W/o.A.V.Vara Prasad, D.No.38-37-80/3, Sree Enclave, Bhaskara Garderns, Marripalem, Visakhapatnam-18. … Petitioner And The Superintendent Engineer, Distribution Sub-Division, A.P.E.P.D.C., Ltd., Visakhapatnam and others. … Respondents THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.25135 of 2009 ORDER: This writ petition is filed seeking to issue a Writ of Mandamus declaring the impugned inaction of the respondents 2 to 6 in giving power connection to the petitioner flat as being illegal, highly arbitrary and un-constitutional and consequentially direct the official respondents 2 to 6 to grant permanent power connection to the petitioner premises flat No.300, Visakhapatnam-18, Sree Enclave, Bhaskara Gardens, Marripalem. This Court on 24.11.2009, while issuing notice before admission directed the respondents to provide service connection to the petitioner. Further, the petitioner was also directed to produce Occupancy Certificate from the competent authority. The learned standing counsel for the official respondents submitted that as per G.O.Ms. No.541 M.A., dated 17.11.2000, it is mandatory on the part of the petitioner to produce occupancy certificate for power connection and the same has not been disputed by the learned counsel for the petitioner. Therefore, both the counsel have requested this Court to dispose of the writ petition, in terms of the interim order dated 24.11.2009, passed by this Court. The case of the petitioner, in brief, is that the petitioner entered into development agreement dated 07.01.2003 for construction a group housing building consisting of separate residential tenements with ownership rights on share basis with the wives of the 7th and 8th respondents, respectively. The petitioner, in the name of the 7th and 8th respondents, applied for construction permission and obtained for construction of ground plus two floors, in ward No.42, T.S. No.101/1, Visakhapatnam vide B.A. No.11393/2002ACP III, dated 08.04.2003. The wife of 8th respondent died on 11.02.2006 leaving behind the 8th respondent as her legal heir herein. Further, it is submitted that the petitioner invested her own funds and constructed the group housing complex by duly taking approval in the name of her owners from the Visakhapatnam Municipal Corporation and constructed ten flats. It is further submitted that seven flats were sold to different persons and constructed a flat No.300 on the third floor, for which, the respondents 7 and 8 agreed to execute sale deed in favour of the petitioner herein and thereby since three years, she is staying in the said flat. The power connection was in the name of the 8th respondent and the same had been is availed power supply from Eastern Power Distribution Company of A.P., under category-I by the respective flat owners along with the petitioner and for common purpose, and used to pay the electricity charges without default. It is further submitted that the separate electricity connections were applied and provided to the individual flat owners except to the flat No.300 of the petitioner. The common power connection was disconnected in the month of February, 2009 to the flat of the petitioner at the instance of the 7th and 8th respondents and now the petitioner is not having with basic amenity of power supply to her flat, since a long time. It is also submitted that the 7th respondent executed a registered special power of attorney dated 04.04.2006 vide Doc.No.53/2006 in the name of his father Sri B.Venkata Rao, giving power to execute registered sale deed in respect of Flat No.300 in favour of the petitioner. As the flat No.300 was on the third floor was unauthorized, applied on 30.04.2008 for regularization, by paying requisite amount under building penalizing scheme (BPS) introduced by the Government. Thereafter, the petitioner approached the official respondents with all requisite documents in the month of May, 2008 requesting for grant of power connection and the same was rejected on the ground that the petitioner is not having registered sale deed. Further, on 18.05.2009, the petitioner with all necessary documents (gas and telephone connections, special GPA documents showing possession) again approached the official respondents. As there was no response, she filed W.P. No.21082 of 2009 and the same was disposed of vide order dated 05.10.2009 directing the respondents 2 to 6 to consider the application of the petitioner dated 18.05.2009 and pass necessary orders. Further, the petitioner approached the respondents on 22.10.2009 and paid the application fee, security deposit and development charges, but no power connection is given to the flat of the petitioner. Hence, the present writ petition. On behalf of the official respondents, denying the averments of the petitioner, counter has been filed, inter alia, stating that pursuant to the orders passed by this Court in W.P. No.21082 of 2009, they have passed order on 10.11.2009 stating that the petitioner’s application was registered on 22.10.2009 and after registration of the application, an objection letter was received from the 7th and 8th respondents and the application dated 18.05.2009 mentioned in the earlier writ petition was not received. It is further stated that during inspection of the premises by the Assistant Engineer and the Assistant Divisional Engineer, it was found that the height of the building is more than ten meters, which requires occupancy certificate from the GVMC, as per G.O.Ms. No.541, dated 07.11.2001 and requested the petitioner to produce the same. Further, the petitioner did not challenge the order so passed, therefore, and there is no inaction on the part of the distribution company in considering the application of the petitioner and this writ petition is liable to be dismissed. Heard the learned counsel for the petitioner and the learned standing counsel for the official respondents and perused the material on record. From a perusal of the G.O.Ms. No.541 M.A., dated 17.11.2000, it is very clear that for any building above 10 meters height (excluding stilt floor for parking) water, sewerage connection and regular power connection shall be given by the concerned agencies only after production of Occupancy Certificate issued by the Local Authority and the same has not been disputed by the learned counsel for the petitioner but he seeks some reasonable time to produce the same. Further, both the counsel have categorically submitted that pursuant to the order dated 24.11.2009, passed by this Court, electricity service connection has been provided but as on date, no Occupancy Certificate has been produced by the petitioner. In view of the same, this writ petition can be disposed of with the following direction. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, the petitioner is at liberty to make application before the Local Authority seeking for Occupancy Certificate, within a period of two weeks from the date of receipt of a copy of this order and thereafter, within four weeks, the petitioner is directed to produce the Occupancy Certificate before the official respondents for sanction of regular power connection. During the said period, the respondents are directed not to disconnect the power supply that was already provided to the petitioner, pursuant to the order passed by this Court on 24.11.2009. Accordingly, this writ petition is disposed of. There shall be no order as to costs. ____________________________ JUSTICE G. CHANDRAIAH Date: 24-06-2010 LSK