Thotakura Srinivasa Raju vs The Assistant Executive Engineer
2023 Latest Caselaw 888 AP

        THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.3656 of 2023

JUDGMENT:-

1.      Heard Sri P.Ranga Rao, learned counsel for the petitioner

and Sri Metta Chandrasekhar Rao, learned Standing Counsel

for the respondent No.1 and Ms. N.Swarna Latha, learned

Assistant Government Pleader for Energy for the respondent

No.3.

2. For the order proposed to be passed issuance of notice to

the unofficial respondent No.2 is dispensed with.

3. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

4. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to issue writ or direction more particularly one in nature of Writ of Mandamus to declare the inaction of the 1st Respondent on the reply given by the Petitioner dated 6.2.2023 to the notice dated 31.1.2023 either to issue fresh electricity service or enter the petitioner's name in the place of the 2nd Respondent is illegal and arbitrary consequently direct the 1st Respondent either to issue Fresh Electricity Service connection or enter the Petitioner's name in place of 2nd Respondent by collecting required or necessary charges from the petitioner and

pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. Learned counsel for the petitioner submits that

respondent No.2 was doing Aquaculture in the lands in

R.S.No.06-2C, 10-2C-1, 24-1A, 11-4A, 23-1A on lease and

obtained electricity connection in his name. The petitioner

obtained license for new Fresh Water Aquaculture Farm on

08.08.2021 in the said land, but the electricity connection

continued in the name of respondent No.2 though the petitioner

was consuming the electricity and paying the charges.

6. Learned counsel for the petitioner submits that the

respondent No.1 issued a notice to the petitioner informing that

the respondent No.2 has filed an application on 10.01.2023 to

cancel the services as the lease term has expired and the

respondent No.2 does not need the electricity services any more.

The petitioner was required to resolve the dispute. Pursuant to

the said notice, the petitioner has submitted the reply on

06.02.2023 to the respondent No.1, inter alia, requesting the

authorities to cancel the service connection of the respondent

No.2 and to issue fresh service meter for power supply to the

petitioner. The said representation/reply to the notice is said to

be pending before the respondent No.1.

7. Learned Standing Counsel for the respondent No.1

submits that, in such circumstances the petitioner will have to

apply for a fresh connection as per the procedure prescribed.

8. Learned counsel for the petitioner submits that though in

the application/reply, the petitioner has requested for issue of

fresh service meter, but the petitioner will apply as per the

procedure for the fresh connection in the petitioner's name.

9. In view of the aforesaid submissions, no useful purpose

would be served in keeping the petition pending.

10. This writ petition is therefore disposed of with the consent

of the learned counsels for the parties providing that the

respondent No.1 shall consider the petitioner's reply to the

notice and if the petitioner applies for grant of fresh connection

as per procedure, the same shall also be considered in

accordance with law, expeditiously, with due opportunity to the

respondent No.2.

11. The petitioner's request not to disconnect the supply, till

consideration of his case, if so made before the authority will

also be considered in accordance with law and with due

opportunity of the respondent No.2.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 15.02.2023 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.3656 of 2023

Date: 15.02.2023

Scs