Smt.G.Padma v. The State Of Telangana Rep.By Its Principal Secretary,

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.2520 OF 2016 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

The petitioners submit that on 21.08.2015 the electricity connection to their Wells was directed to be disconnected ex parte by order of the Tahsildar, Atmakur Mandal, Nalgonda District, the 2nd respondent. The said order was questioned in W.P.No.29616 of 2015 wherein this Court granted the following interim relief: "If the supply has been there as on 21.08.2015, the supply shall not be interfered with, except in accordance with law, until further order."

Though the said Writ Petition is pending, the petitioners complain that the 2nd respondent has now passed the impugned order which is styled as a notice, but in fact it is an order directing the petitioners to close all the Wells and otherwise action under Section 15 of the Andhra Pradesh (Telangana Area) Irrigation Act, 1357 Fasli (for short, 'the Act') would be taken. The petitioners question the impugned order inter alia on the ground that no notice was issued to them and merely on the report of the Mandal Revenue Inspector, Atmakur Mandal, and the Assistant Executive Engineer, Atmakur Mandal, straightaway the impugned order is passed. I find substance in the said contention as the 2nd respondent ought to have notified and heard the petitioners before passing the said order.

Hence, the Writ Petition is disposed of directing the 2nd respondent to treat the impugned order as a notice to the petitioners and thereby they can file their explanation on or before

20.02.2016 and after considering the said explanation, the 2nd respondent shall pass appropriate orders and communicate the same to the petitioners. Since the impugned order is to be treated as a show cause notice, obviously no further action under Section 50 of the Act shall follow until the 2nd respondent takes appropriate decision, as directed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 29.01.2016 Note:- Issue C.C. in three days.

(B/o) KH