M/S. Indus Towers Ltd. v. The Central Power Distribution Company Of A.P. Ltd.,

HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.550 of 2011 ORDER :

Heard Mohd. Islamuddin for petitioner and Mr.Pasham Krishna Reddy for 3rd respondent.

No representation for respondents 4 and 5.

The petitioner prays for Mandamus declaring the action of 1st and 2nd respondents in disconnecting power supply to Service Connection No.D-2008197 and Service Connection No.02-559006443 pursuant to the direction of 3rd respondent as arbitrary, illegal and in violation of principles of natural justice.

On 21.01.2011, the following interim order was passed by this Court:

"Pending further orders, respondent Nos.1 and 2 are directed to restore the power supply to the petitioner's service connections bearing Nos.D-2008197 and 02-559006443 forthwith subject to the petitioner clearing of the arrears of electricity charges, if any, and continuing to pay future C.C. charges."

The interim order is subsisting as on date. Counsel for petitioner submits that Service Connection No.02559006443 is not utilized by the petitioner, therefore, the Writ prayer may be confined only to Service Connection No.D-2008197. The submission is placed on record. In view of the interim order, this Court is of the view that the substantive prayer of petitioner is already granted

and if there are reasons for disconnecting or if circumstances are brought to the notice of respondents 1 to 3 by respondents 4 and 5, the respondents 1 to 3 are under legal obligation to issue notice to petitioner, consider the objections and pass appropriate orders in accordance with law.

Writ petition is disposed of as indicated above. No order as to costs.

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

_____________ S.V. BHATT, J 26th April 2016 ajr