Mr B. Sridhar Rao v. The State Of Telanagana,

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 17.04.2019 Between:

Mr B. Sridhar Rao, s/o. Venkat Narsu, Aged about 50 years, occu: Pvt.Employee, R/o. Flat No.A-104, Matrixx Majestic, M.C.H.No.5-9-55, Yapral, Malkajgiri, Ranga Reddy District, T.S.

.....Petitioner and The State of Telangana, rep.by its Secretary, Home Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner claims to be the owner of residential flat bearing No.A-104 in Block-A, first floor in Matrixx Majestic Apartment building, Yarpal. In this Writ Petition, petitioner is aggrieved by the decision of M/s.Matrixx Majestic Residential Welfare Society disconnecting the water connection and generator connection to his flat.

2.

Respondent No.5 is a private society and any dispute between the member of the society and the society is purely private and bound by the Bye-laws formulated by the society regulating the relationship of members of the residential building and if petitioner has any grievance against the functioning of the society or decision made by the society, he has to work out his remedies as available in law. Prima facie, it is seen from Section 21 of the A.P.Apartments (Promotion of Construction and Ownership) Act, 1987, Manager is vested power to cut off, withhold, curtail or reduce essential supplies or services to the residential apartment. Since power is vested in the society by the statute, prima facie, it cannot be said that decision of disconnecting power supply and generator connection cannot be held as ex facie illegal. 3.

At this stage, learned counsel for petitioner sought to contend that as there were no arrears payable by the petitioner, disconnection of water supply and generator connection is illegal. This is the question of fact to be verified by the competent authority. Leaving it open to petitioner to work out his remedies as

available in law, Writ Petition is dismissed. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 17.04.2019 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 17.04.2019 kkm