Citation : 2022 Latest Caselaw 2895 Tel
Judgement Date : 17 June, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.349 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 13.04.2022 passed by the learned Single Judge in
W.P.No.18145 of 2022.
The order passed in W.P.No.18145 of 2022, dated
13.04.2022, reads as under:-
"Heard the learned counsel for the petitioner, the
learned Government Pleader for Energy appearing for
respondent No.1 and Sri R. Vinod Reddy, learned Standing
Counsel for Telangana State Southern Power Distribution Company Limited appearing for respondent Nos.2 to 4. With their consent, the Writ Petition is disposed of at the stage of admission itself.
Questioning the letter, dated 15.03.2022 removing the electricity meter fixed in respect of the subject premises of the petitioner without putting her on notice, the petitioner has filed the present Writ Petition.
Having regard to the fact that the petitioner was not put on notice before removing the subject service connection and having regard to the judgment of the Division Bench of this Court in Writ Appeal No.269 of 2018 dated 22.02.2018, this Court is of the opinion that ends of justice would be met, if the impugned letter is set aside and the matter is remanded
back to the authority concerned for taking action afresh in accordance with law.
In view of the above, this Writ Petition is allowed by setting aside the impugned letter dated 15.03.2022 and the matter is remanded to the authority concerned for taking action afresh. The authority concerned is directed to take action strictly in accordance with law, duly putting the petitioner and any other interested parties on notice and considering the objections, if any. However, the official respondents are directed to restore the power supply to the subject premises of the petitioner, immediately.
The miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs."
The facts of the case reveal that the writ petition was
preferred by one Smt. Ampala Anitha being aggrieved by
the letter dated 15.03.2022, which was issued for removing
the electricity meter in the premises where the writ
petitioner was residing. The learned Single Judge has
quashed the letter and has directed the authorities to hear
the writ petitioner and to pass appropriate orders in
accordance with law. Now the writ appeal has been
preferred by one Smt. Katipally Revathi stating that there
is a civil dispute between the parties and she should have
been heard by the learned Single Judge while deciding the
matter.
The fact remains that the learned Single Judge has
remanded the matter back to the authority concerned to
take action strictly in accordance with law by putting the
writ petitioner and other interested parties also on notice.
It has also been brought to the notice of this Court on
02.06.2022 that the electricity supply has been restored in
respect of the premises in question.
Resultantly, the writ appeal stands disposed of with a
direction to the respondents No.3 to 5 to hear the present
appellant also as well as all interested parties while
passing a final order in the matter.
The miscellaneous applications pending, if any, shall
stand closed. There shall be no order as to costs.
______________________________________ SATISH CHANDRA SHARMA, CJ
______________________________________ ABHINAND KUMAR SHAVILI, J
17.06.2022 vs
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