The court ruled that the petitioner can apply for a new service connection as the previous electricity arrears have been withdrawn, closing the writ petition.

ORDER: 

Hear d Sr i K. S. Mu r t h y , lear n ed cou n sel appear in g on  beh alf of t h e pet it ion er , lear n ed Assist an t Gover n m en t Pleader for En er gy , appear in g on beh alf of r espon den t No.1 an d Ms. Nik it a Goen k a, lear n ed cou n sel r epr esen t in g, Sr i R. Vin od Reddy, lear n ed St an din g Cou n sel for TSTRANSCO, appear in g on beh alf of r espon den t Nos.2 t o 5 .

2 .Th e pet it ion er appr oach ed t h e Cou r t seek in g pr ayer as u n der :

“… issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents authorities in not issuing a new service connection in the name of the petitioner and insisting for the payment of arrears inspite of judgment in W.P.No.240 of 2005 and disconnecting the power supply to the Quarter No.3A FF, new House No.8-2-292/ 82/ GTN/ 3A FF, Goutham Nagar, Film Nagar, Hyderabad with service connection No.A9/ 001911 in the name of Mankyamma is illegal and unconstitutional and consequently direct the authorities to restore the power connection and receive the payment as directed by this Hon’ble Court in W.P.No.240 of 2005 and later on issue a fresh power connection in the name of the petitioner as sought by her and pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

PERUSED THE RECORD

3 .Th e cou n t er affidavit h as been filed on beh alf of r espon den t Nos.2 t o 5 an d in par t icu lar par agr aph No.3 is ex t r act ed h er eu n der : 

“It is submitted that as per the scheme of the government the electricity arrears which were pending in respect of the old service connection have been withdrawn. It is open to the petitioner to apply for a new service connection which shall be issued as per the General Terms and conditions of Supply and the rules applicable. The cause of action does not survive anymore and the writ petition may be dismissed on this ground alone.”

4 .Th e r elief as sou gh t for by t h e pet it ion er is t w o fold an d t h e sam e is as u n der :  a). Direction to the respondent authorities to issue a new service connection in the name of the petitioner. b). Not to insist the petitioner for the payment of arrears as per the judgment in W.P.No.240 of 2005.

5 .The counter affidavit filed on behalf of respondent Nos.2 to 5 in particular paragraph No.3 (referred to and extracted above) clearly indicates that as per the scheme of the Government the electricity arrears which were pending in respect of the old service connection have been withdrawn and further it is open to the petitioner to apply for a new service connection which shall be issued as per the general terms and conditions of supply and the rules applicable.

6 . Tak in g in t o con sider at ion :- 

a) Th e su bm ission s m ade by bot h t h e lear n ed  cou n sel appear in g on beh alf of t h e pet it ion er an d lear n ed St an din g Cou n sel appear in g on beh alf of r espon den t Nos.2 t o 5 .

b) Du ly con sider in g t h e aver m en t s m ade at par agr aph No.3 of t h e cou n t er affidavit filed on beh alf of r espon den t Nos.2 t o 5 ( r efer r ed t o an d ex t r act ed abov

e) .Th e w r it pet it ion is closed, leavin g it open t o t h e pet it ion er t o apply t o t h e r espon den t s for a n ew ser vice con n ect ion if n ot alr eady issu ed in favou r of t h e pet it ion er as on dat e. How ever , t h er e sh all be n o or der as t o cost s.  Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.