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2020 Supreme(Telangana) 609

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
K. Lakshman, J.
A.V. Shiva Nagamani - Appellant
Versus
Southern Power Distribution Company Of Ts Limited - Respondent
Writ Petition No. 20318 of 2019
Decided On : 24-08-2020

Advocates:
Vijay Kumar Panuganti, Advocate, R. Vinod Reddy, Advocate

Headnote:

Employment and Service - Removal of transformer - Permission for shifting - Vendors vendor constructed – Assailing order - Learned counsel representing learned counsel for petitioner that petitioner is absolute owner and possessor of plot bearing admeasuring square yards in situated at Village District - Petitioner has purchased said plot through an agreement of sale - It is further contention of petitioner that her vendors vendor constructed a thatched house - Petitioner would further contend that the petitioner with an intention to construct a house in said plot removed thatched house - Municipal authorities dumped some material in her plot and same was removed - She has also requested respondents for removal of transformer installed in part of her plot and agreed to pay the necessary charges for shifting of same - Held, Though it is stated in counter affidavit that it is obligation of Petitioner to solve problem regarding shifting of transformer to a new place respondents have not shown as per which it is obligation of petitioner to solve problem regarding shifting of transformer to a new place - In absence of same and without conducting preliminary enquiry/ investigation as to gentility of allegations made by above said Association and also without ascertaining fact that two sets of office bearers are claiming that they are office bearers of said Nagar Residents Welfare Association respondent issued impugned proceedings requesting petitioner to resolve issue with Revenue people and local bodies - Therefore impugned proceedings are not sustainable - Writ Petition is allowed.

JUDGMENT

K. Lakshman, J. - Assailing the proceedings in Lr. No. AE / OP/ TSSPDCL / TARANAGARJ / D.No.523 / 19-201, 22.08.2019, issued by the 4th respondent, the petitioner filed the present writ petition. The petitioner has also sought a consequential direction to the respondents to shift the transformer from her plot bearing No.532 of Netaji Nagar Colony, Nallagandla Village, Sheri Lingampally Mandal, R.R. District.

2. Heard Sri Jagadeeshwar Reddy, learned counsel representing Sri Vijay Kumar Panuganti, learned counsel for the petitioner and Sri R. Vinod Reddy, learned counsel for the respondents.

3. It is contended by Sri Jagadeeshwar Reddy, learned counsel representing Sri Vijay Panuganti, learned counsel for the petitioner that the petitioner is the absolute owner and possessor of the of plot bearing No.532 admeasuring 60 square yards in Sy.No.195, situated at Nallangandla Village, Sheri Lingampally Mandal, Ranga Reddy District. The petitioner has purchased the said plot through an agreement of sale dated 24.01.2018. It is the further contention of the petitioner that her vendor's vendor constructed a thatched house.

4. Learned counsel for the petitioner would further contend that the petitioner with an intention to construct a house in the said plot, removed the thatched house. The Municipal authorities dumped some material in her plot and the same was removed. She has also requested the respondents 3 and 4 herein for removal of transformer installed in part of her plot and agreed to pay the necessary charges for shifting of the same. The respondents vide proceedings dated 05.02.2019 accorded permission for shifting of the same and directed the petitioner to pay the amount for shifting of the transformer. The petitioner has also paid the same and thereafter, work was commenced to shift the transformer to the adjacent place where there is no hindrance. The petitioner has also constructed base for installing transformer and other material.

5. It is further contended by the petitioner that the respondents 3 and 4 instead of shifting the transformer to the new place, addressed letter dated 22.08.2019 to her stating that they have received a compliant from the local people objecting for shifting of the transformer on the ground that the petitioner is claiming right over the property on the strength of fake documents. Therefore, the 4th respondent, vide his letter dated 22.08.2019 requested the petitioner to solve the issue with the Revenue people and local bodies, so that the shifting can be done in a peaceful manner. According to the petitioner, she is the owner of the open plot No.532 in Sy.No.195 admeasuring 60 sq. yards of Nallagandla Village and she has filed the documents including the link documents. Therefore, according to the petitioner, some vested interested persons including the Association people made complaint dated 21.08.2019 to the respondent authorities with all false and baseless allegations. The respondent authorities without making proper enquiry, issued the impugned proceedings asking the petitioner to resolve the issue with the Revenue people and local bodies. The petitioner would further submit that she has already paid necessary charges pursuant to the proceedings dated 05.02.2019 issued by the 4th respondent and work was commenced to shift the transformer. The respondent officials have also constructed base for installation of the transformer and other material. In proof of the same, she has filed photographs. Even then, the respondents instead of proceeding with the shifting of the transformer to a new place, issued proceedings dated 22.08.2019 without making proper enquiry. Due to non-shifting of the transformer from the petitioner's property, she is not in a position to construct the house in her plot. Therefore, the present writ petition.

6. The 3rd respondent filed counter affidavit.

7. Sri R. Vinod Reddy, learned counsel for the respondents would submit that the respondents have granted sanction v

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