2024 Supreme(Online)(TEL) 21276
HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.18412 OF 2024
ORDER:
Heard Sri J.P.Srikanth, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy appearing on behalf of the respondent No.1 and Sri Zakir Ali Danish, learned standing counsel for TGNPDCL appearing on behalf of the respondent Nos. 2 to 5.
2. The petitioner approached the Court seeking prayer as under:
“….to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of the Respondents No. 3 to 5 trying to install the transformer in previous place of petitioners agricultural land in Sy. No. 347, situated at Gorlaveedu Village, Bhupalpally Mandal, Jai Shankar Bhupalpally District for supply of electricity to respondents No. 6 to 9 is illegal arbitrary violation of principles of natural justice and violative of Article 14, 21, 300A of the Constitution of India and consequently direct the respondent no. 3 to 5 not to install transformer in previous place of petitioners agricultural land in Sy. No. 347 situated at Gorlaveedu Village. Bhupalpally Mandal Jai Shankar Bhupalpally District for supply of electricity to respondents No 6 to 9 and to pass….”
3. The case of the petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
a) It is the specific case of the petitioner that the respondent Nos.3 to 5 are trying to install transformer in petitioner’s agricultural land in Sy.Nos. 346 & 347, admeasuring Ac. 4.16 gts situated at Gorlaveedu Village, Bhupalpally Mandal, Jai Shankar Bhupalpally District for supply of electricity to the unofficial respondent Nos. 6 to 9.
b) On an earlier occasion in first week of July,2024, the staff of the respondent Nos. 3 to 5 came to petitioner’s agricultural land and tried to install the transformer for supplying electricity to respondent Nos. 6 to 9 at the same spot where previously transformer was existing and the petitioner objected and stalled the staff of respondent Nos. 3 to 5 not to install the transformer since the respondent Nos.
6 to 9 also have agricultural land and the transformer could be installed in their land for supply of electricity to their lands. The petitioner approached the District Collector, Jai Shankar Bhupalpally on 08.07.2024 and requested not to install the transformer in petitioner’s land.
c) It is the further case of the petitioner that after purchase of agricultural land the transformer was existing through which electricity was supplied to respondent Nos. 6 to 9, but when petitioner asked for electricity supply through same transformer the respondent Nos. 3 to 5 refused electricity connection for which petitioner was compelled to apply for new transformer in his land by paying appropriate charges and the respondent Nos.3 to 5 installed new transformer in petitioner’s land and petitioner got electricity from that new transformer and old transformer got damaged and respondent Nos. 3 to 5 removed that transformer and permitted to cultivate in that spot and after petitioner started cultivation they again are trying to install new transformer in previous place where it existed before in petitioner’s land for supply of electricity to respondent Nos. 6 to 9, which is illegal and arbitrary. Aggrieved by the action of the respondent Nos. 3 to
5, the present Writ Petition is filed.
PERUSED THE RECORD:-
4. The counter affidavit has been filed by the respondent Nos. 2 to 5 and relevant para Nos. 5, 6 and
9 are extracted hereunder:-
“5. In reply to para 7 of the affidavit, it is submitted that, these three DTR plinths were found to be at a low level. Simultaneously, the farmers of these DTRs submitted a request stating that ‘these DTRs were installed in the middle of crop fields, and they face difficulty in replacing the DTR when it fails’. They requested to relocate the DTRs from the middle of the crop fields to near the roadside on their own land. In accordance with their requ