M/S Varuna Hatcheries Pvt Ltd. vs Mr. Gone Srinivasa Rao And 3 Others
2021 Latest Caselaw 2157 Tel

Item No.31
      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                 AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

             W.A.No.128 of 2020 & W.P.No.14558 of 2019

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The appellant (respondent No.4 in W.P.No.14558 of 2019) is

aggrieved by an interim order dated 22.01.2020, passed by the learned

Single Judge in I.A.No.1 of 2019, moved by the respondent No.1/writ

petitioner for seeking directions to the respondents No.2 to 4

(respondents No.1 to 3 in W.P.No.14558 of 2019) to restore power

supply to his premises which as per him, was disconnected without

following the due process.

2. By the impugned order, the learned Single Jude has permitted

the respondents/Electricity Department to initiate appropriate action

against the respondent No.1/writ petitioner and disconnect his power

supply after following the due process of law, by giving him an

opportunity of hearing.

3. We are informed by learned counsel for the respondent

No.1/writ petitioner that the electricity connection at his client's

premises was restored by the Department but thereafter, no action has

been initiated by the Department against him.

4. In our view, nothing further survives for adjudication in the writ

petition filed by the respondent No.1/writ petitioner, who had

challenged the action of the respondents/Electricity Department in

disconnecting the electricity connection at his premises and had

sought restoration thereof. While passing the impugned order, the

learned Single Judge has granted liberty to the Department to initiate

appropriate action against the respondent No.1/writ petitioner in the

event he has obtained the electricity connection by playing a fraud and

follow the due process of law after affording him an opportunity of

hearing. The learned Single Judge has also clarified that the aforesaid

order will not be an impediment for the parties to proceed further in

the civil disputes pending between them.

5. In view of the above, it is deemed appropriate to dispose of the

present appeal as also W.P.No.14558 of 2019 while confirming the

interim order dated 22.01.2020, with directions issued to the

Department to issue a notice to the respondent No.1/writ petitioner

and the appellant herein within two weeks from today, calling upon

them to furnish their versions. After considering the explanation of

both parties, a speaking order shall be passed under intimation to

them. If either side is aggrieved, they may seek legal recourse, as may

be advised.

6. Both, the present writ appeal and the captioned writ petition are

accordingly disposed of along with the pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 20.07.2021 JSU/PLN