Mummana Paradesi Naidu, v. The Divisional Engineer (Operations), A.P.E.P.D.C.L.

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.35913 of 2012 ORDER:

No representation for petitioner on 25-04-2016 as well as today. Heard Mr.Ravindra for respondents 1 to 3 and Sri T.D.Phani Kumar for 4th respondent.

The petitioner prays for declaration that disconnection of power supply to Service Connection No.2275/5881 in respect of house bearing No.10-146/3 situated at P.F.Colony area, Chinna Mushidivada, Pendurthi Mandal, Visakhapatnam District, without issuing notice or opportunity, is illegal, arbitrary and unconstitutional. The petitioner prayed for restoration of power supply to service connection, referred to above.

On 22-11-2012, the following interim order was passed. "There shall be interim direction as prayed for on payment of arrears, if any, on the service connection provided to the petitioner."

Respondents 1 to 3 filed W.V.M.P.No.130 of 2013 seeking vacation of the said order and among other things, it is stated that respondents 1 to 3 have put petitioner on notice before effecting disconnection of power supply. Be that as it may, disconnection of power supply was ordered on the complaint made by 4th respondent herein. The disputes, if any, between petitioner and 4th respondent have to be independently sorted out in a properly instituted suit or proceeding and respondents 1 to 3 in the given set of facts and circumstances ought not to have disconnected power supply. Be that as it may, as the interim order is already implemented, this court is of

the view that the interim order can be made as final order in the writ petition and if 4th respondent has any grievance against petitioner's enjoyment of premises bearing No.10-146/3 including having power connection, the 4th respondent is given liberty to initiate appropriate legal proceedings.

With the above direction, the writ petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_____________ S. V. BHATT, J Dt: 28-04-2016 Prv THE HON'BLE SRI JUSTICE S.V.BHATT

WRIT PETITION No.35913 of 2012 28-04-2016 Prv