Pogaru Varahalu v. State Of Andhra Pradesh
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.45169 OF 2017 ORDER:
The case of the petitioner is that petitioner was given DForm Patta Land, long back by the Revenue authorities and he is the absolute owner and has been in continuous peaceful possession and enjoyment of the land to an extent of Ac.1.29 cents covered by Sy.No.236/3 in Sancham Village, Ranasthalam Mandal, Srikakulam District. The revenue authorities have issued pattadar pass books, title deeds in favour of the petitioner. Petitioner has also obtained ROR 1B title deed vide ROR No.011715332396, dated 06.01.2017 and BA No.3 Adangal No.ADL 011721784356, dated 06.01.2017 through Mee-Seva Centre issued by the 6th respondent. While so, the petitioner came to know that the A.P.Transco Authorities i.e.
respondents 1 to 3 are taking steps to construct Electrical SubStation in the petitioner's land, without there being any order under Section 164 of the Electricity Act, 2003. The respondents are under the obligation to obtain consent of the petitioner for constructing the electric sub-station. As such, the petitioner got issued legal notice dated 12.02.2017 to the 6th respondent seeking direction to the respondents 1 to 3 to arrange payment of compensation to the petitioner in terms of the Electricity Act, 2003. As no action is being, present writ petition is filed.
Heard learned counsel for the petitioner.
Sri N.Siva Reddy, learned Standing Counsel for respondents 2 and 3.
In view of the aforesaid facts and circumstances, without expressing any opinion on merits, the writ petition is disposed of directing the competent authority to consider and dispose of the representation submitted by the petitioner by way of legal notice dated 12.02.2017, in accordance with law and take action.
With the above direction, the writ petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 02.01.2018 Note: Issue CC in three days.
B/o. t k.