High Court for State of TelanganaWP/26897/2016disposed of no costs

Smt Neelama, v. The Superintending Engineer,

2016-08-17T.Sunil Chowdary2 pages

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.26897 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the third respondent in removing the electricity service connection bearing No.A4002222 as being illegal and arbitrary.

2. Heard Sri M.A.Basith, learned counsel for the petitioners and Sri R.Vinod Reddy, learned standing counsel for respondents 1 to 3 (Telangana).

3. The present writ petition is filed challenging the action of the respondents in removing the electricity service connection No.A4002222 in respect of Mulgi bearing No.10-1-498/2 of Chintal Basti, Khairatabad, Hyderabad. The petitioners claim that they are the tenants of the mulgi in question. The electricity service connection stands in the name of one late Fakeera, who is none other than the husband of first petitioner and father of petitioners 2 to 6. The fifth petitioner herein submitted a representation to the respondents on 20.05.2016 requesting them to restore the power supply to the mulgi in question. The fact remains that the representation is pending before the respondents 2 and 3.

4. At the time of arguments, learned counsel for the petitioners submitted that respondent No.2 may be directed to dispose of the representation of the fifth petitioner dated 20.05.2016. Learned standing counsel also consented for the same.

5. In view of the submissions made by both counsel, this Court is not inclined to go into the merits of the main case.

6. Having regard to the facts and circumstances of the case and also the submissions made by both counsel, the second respondent is

hereby directed to dispose of the representation of the fifth petitioner dated 20.05.2016 in the light of the provisions of the Electricity Act 2003 and general terms and conditions of supply after affording an opportunity to the fifth petitioner as expeditiously as possible, preferably, within two weeks from the date of receipt of copy of this order.

7. With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________________ T.SUNIL CHOWDARY, J August 17, 2016.

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