Barla Manohar v. Bethi Mallamma

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR Writ Appeal No.103 of 2015 DATED:20.02.2015 Between:

Barla Manohar, Ramagundam, Karimnagar District.

... Appellant And Bethi Mallamma, Karimnagar Mandal, R/o. Arepally Village, Karimnagar District and others.

....Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR Writ Appeal No.103 of 2015 Judgment: (per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) By consent of the parties, the writ appeal is disposed of at the admission stage.

Both the learned counsel have agreed to the following orders.

The judgment and order of the Hon'ble Trial Judge is set aside. The electric connection decided to be given to the appellant may be given. But, this connection will abide by the result of the civil proceedings. We clarify that in the event the appellant does not succeed in the civil proceedings and on the other hand, if the 1st respondentwrit petitioner succeeds, then the electric company shall forthwith disconnect the electric connection without waiting for any order. The appellant must notify both the parties if necessary and as advised, to bring the electric company as a party in the Civil Suit or in the event, if no order is passed by the Court for impleadment, then the electric company shall be informed by the parties about

the result of the hearing. The connection so to be given in terms of the order will not create any equity in any sense in the structure and we are informed that permission for construction of the structure has been withdrawn by the Gram Panchayat.

The writ appeal is accordingly disposed of.

Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs. __________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J 20th February, 2015 Pnb