A litigant must disclose all material facts truthfully; failure to do so results in dismissal of the claim for abusing the court's process.

ORDER :

1. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioners, Sri G.Ramagopal, learned counsel for the 7^th respondent, and Ms.Iswarya, learned junior standing counsel for respondents 2 to 6.

2. The above writ petition has been filed to declare the action of respondents 2 to 6 in neither implementing the order in C.G.No.138 of 2023 on the file of the Consumer Grievance Redressal Forum, APEPDCL, Visakhapatnam, nor terminating of the power supply to service connection bearing SC No.1113300509000567, as illegal and arbitrary.

3. The affidavit was deposed by the son as the General Power of Attorney holder. In the affidavit, it was contended that the deponent‟s mother gave a complaint to the Consumer Grievance Redressal Forum (For short “CGRF”), APEPDCL, Visakhapatnam, for disconnection of the power supply to the service connection bearing No.SC No.1113300509000567 on 03.12.2022, since the authorities failed to initiate any action. The same was numbered as C.G.No.138 of 2023. The authority allowed the complaint on 11.05.2023. Despite the order of the CGRF, the power to the service connection to SC No.1113300509000567 was not disconnected. Hence, the writ petition was filed.

4. The writ petition was initially listed on 25.02.2025; thereafter, on 03.03.2025, an interim order was granted directing the respondents 3 to 6 to implement the order dated 11.05.2023 in C.G.No.138 of 2023 and report the compliance. Accordingly, the authorities disconnected the power supply to the SC No.1113300509000567.

5. A counter-affidavit was filed on behalf of the 7^th respondent. It was contended inter alia, that civil suits O.S.Nos.85 of 2014, 461 and 462 of 2015 were filed seeking partition of the schedule properties therein. Since there was a compromise, the aforementioned suits were referred to the Lok Adalat at Gajuwaka. An Award dated 26.06.2022 was passed vide LAC No.228 of 2022.

6. As per the Award, the 7^th respondent in the writ petition shifted the Flour Mill to the premises bearing House Plot No.2077 bearing House No.30-17-5 having service connection SC No.509/567. As per the terms of the Award, the 7^th respondent paid Rs.11.50 lakhs to the petitioners. Thereafter, E.P.No.73 of 2023 filed by the petitioners was dismissed on 19.08.2024 for default. The Flour mill was originally situated at Plot No.2091, House No.30-17-5, and the same was shifted to House Plot No.2077 in pursuance of the permission granted by the Executive Officer, APEPDCL, Visakhapatnam.

7. Learned counsel for the 7^th respondent would submit that the Flour Mill was shifted to the premises bearing house Plot No.2077, House No.30-17-5 after the order dated 11.05.2023 in C.G.No.138 of 2023. The petitioners are aware of the said fact; however, not disclosed the same in the writ affidavit.

8. No rejoinder was filed to the counter-affidavit filed by the 7^th respondent.

9. Thus, as seen from the pleadings, there is no dispute regarding the Award dated 26.06.2022 passed by the Lok Adalat vide LAC No.228 of 2022 in the aforementioned civil suits.

10. As per Clause No.4 of the terms and conditions of compromise, both the parties agreed that the existing flour mill bearing Dr.No.30-17-5 which is in three rooms building shall be removed within 30 days and that mill shall be established by the 1^st plaintiff (7^th respondent herein) in his premises which will be gifted by the 1^st respondent.

11. In pursuance of the Lok Adalat Award, the 7^th respondent made an application seeking the shifting of service connection. The Executive Engineer, DPE Division, APEPDCL, Visakhapatnam, accorded permission vide Lr.No.EE/DPE/VSP/F.No./D.No.—SPL-1/2023, date