G Srinivas v. Southern Power Distribution Company Of Telangana

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT APPEAL No.1372 of 2017 and WRIT PETITION No.29840 of 2017 W.A.No.1372 of 2017:

Between:

A.Srinivas ..Appellant and G.Srinivas and another ..Respondents Counsel for the appellant: Mr.K.G.Krishnamurthy, senior counsel for Mr.K.Ramamohan Counsel for respondent No.1: Dr.K.Lakshmi Narasimha Counsel for respondent No.2: Mr.G.Vidya Sagar, senior counsel W.P.No.29840 of 2017:

Between:

G.Srinivas ..Petitioner and Southern Power Distribution Company of Telangana Limited (T.S.S.P.D.C.L.), Hyderabad ..Respondent Counsel for the petitioner: Dr.K.Lakshmi Narasimha Counsel for the respondent: Mr.G.Vidya Sagar, senior counsel The Court made the following:

CVNR,J & KVL,J W.A.No.1372 of 2017 and W.P.No.29840 of 2017 COMON JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The parties are hereinafter referred to as they are arrayed in W.A.No.1372 of 2017.

2.

W.A.No.1372 of 2017 is filed by a third party to W.P.No.29840 of 2017 with leave to question ad interim order, dated 04.09.2017, in W.P.M.P.No.37157 of 2017 filed in the said writ petition. By the said order, the learned Single Judge has granted ad interim relief in favour of respondent No.1.

3.

During the hearing, we have expressed our prima facie opinion that as the order under appeal is ad interim in nature, it does not call for interference. However, Mr.K.G.Krishna Murthy, learned senior counsel representing Mr.K.Ramamohan, learned counsel for the appellant, has submitted that as the show cause notice as well as the consequential order impugned in the writ petition passed against respondent No.1 are vague, they may be set aside with a direction to respondent No.2 to issue a fresh show cause notice to respondent No.1 and pass a fresh reasoned order, after giving an opportunity of hearing to him. Mr.G.Vidya Sagar, learned senior counsel appearing for respondent No.2, has fairly agreed to the above proposal. Therefore, we have called for W.P.No.29840 of 2017 for disposal.

4.

Accordingly, show cause notice, dated 09.05.2017, and order, dated 30.08.2017, impugned in W.P.No.29840 of 2017 are set aside. Respondent No.2 is directed to issue a fresh show cause notice to respondent No.1 within two weeks from the date of receipt of a copy of this order. Within two weeks of receipt of fresh show cause notice,

CVNR,J & KVL,J W.A.No.1372 of 2017 and W.P.No.29840 of 2017 respondent No.1 shall file his objections. Within one month thereafter, respondent No.2 shall take an appropriate decision, after hearing respondent No.1 in person and communicate the same to him. 5.

The Writ Petition is, accordingly, allowed and the Writ Appeal is dismissed.

6.

As a sequel, W.P.M.P.No.37157 of 2017 in W.P.No.29840 of 2017 shall stand disposed of and W.A.M.P.No.2545 of 2017 in W.A.No.1372 of 2017 shall stand dismissed as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J __________________________________ KONGARA VIJAYA LAKSHMI, J 24th October, 2017 GHN