ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondents in trying to erect the HT line passing through the part of petitioner’s house property admeasuring 12 ½ cents vide House bearing Door No.1-74/A (Old H.No.1-76/A), Assessment No.63, situated at Vempa Village, Bhimavaram Mandal, West Godavari District, with an intention to supply of power/electricity HT connection to the unofficial respondents for their fish/prawn culture purposes as illegal, arbitrary and violation of principles of natural justice and consequently direct the official respondents not to erect the HT line passing through the petitioner’s house property admeasuring 12 ½ cents vide House bearing Door No.1-74/A (Old H.No.1-76/A), Assessment No.63, situated at Vempa Village, Bhimavaram Mandal, West Godavari District and pass such other order.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of house property bearing D.No.1-74/A (Old H.No.1-76/A) admeasuring to an extent of 12 ½ cents vide assessment No.63, situated at Vempa Village, Bhimavaram Mandal, West Godavari District. While so, the respondents are taking steps for laying of High Tension (HT) line through the petitioner’s land without adhering to the procedure as contemplated under the provisions of the Electricity Act, 2003, apart from General Terms and Conditions of Supply of Distribution and Retail Supply Licensees Regulations, 2006. Hence, the present Writ Petition.

4. On the other hand, learned Standing Counsel for the respondents submits that before filing the Writ Petition, the petitioner submitted a representation objecting the erection of any High Tension (HT) line through his land. The said representation was disposed of by the respondents stating that the respondents are not taking any steps for laying of any High Tension (HT) line as contended by the petitioner. She further submits that it is only the apprehension of the petitioner and the respondents are not taking any steps for laying of the High Tension (HT) line through the petitioner’s land.

5. In view of the submissions made by the learned counsel for the petitioner and pursuant to the clear and categorical statement made by the learned Standing Counsel for the respondents, it appears that there is no proposal or action on the part of the respondents for laying of any High Tension (HT) line as contended by the learned counsel for the petitioner. Therefore, the proposed action of the respondents is only the apprehension of the petitioner.

6. With the above observation, the Writ Petition is disposed of directing the respondents if, they intend to lay any High Tension (HT) line through the petitioner’s land they shall follow the due procedure in accordance with of law. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.

________________________________ VENKATESWARLU NIMMAGADDA, J

25.11.2024 TTPPSS

177 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27112/2024

25.11.2024 TPS