SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(TEL) 16604

HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.8729 of 2023 and WRI T PETI TI ON No.1094 of 2020

COMMON ORDER:

Heard Mr.S.Krishna Sharma, learned counsel appearing on behalf of petitioner in W.P.No.8729 of 2023 and appearing on behalf of unofficial respondent No.5 in W.P.No.1094 of 2020 and Mr.V.Brahmaiah Chow dhary, learned Counsel, appearing on behalf of petitioner in W.P.No.1094 of 2020 and appearing on behalf of unofficial respondent No.5 in W.P.No.8729 of 2023 also heard Mr.R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of respondent Nos.2 to 4 in W.P.No.8729 of 2023 and WP.1094 of 2020.

PERUSED THE RECORD.

2. The petitioner in W.P.No.8729 of 2023 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 action of the respondent no. 1 to 4 in not releasing Electricity Supply Service connection to the bore well in the land of petitioner bearing Sy.No.655/A1 extent Ac. 0-26 gts, Sy. No. 655/Al/1 extent Ac. 0-12 gts and Sy. No. 655/A2 extent Ac. 0-26 gts, total extent Ac. 1-24 gts situated at Kodad Village & Mandal, even after payment of requisite fees for new service connection through Demand Draft No. 659633 dated 03.05.2017 and issuance of Service No. 5240132194 dated 07.09.2018 to the petitioner solely basing on the pendency of cases in court of law, as arbitrary, illegal, unjust and violative of Article 21 and 300-A of the Constitution of India and forthwith direct the respondent no. 1 to 4 to release Electricity Supply Service connection for Service No. 5240132194 for the land of petitioner in Sy. No. 655/A1 extent Ac. 0-26 gts, Sy.No.655/Al/1 extent Ac. 0-12 gts and Sy.No.655/A2 extent Ac. 0-26 gts, total extent Ac. 1-24 gts, situated at Kodad Village & Mandal and may pass such other order or orders as this Hon'ble Court, may deem fit and proper in the circumstances of the case.”

3. The petitioner in W.P.No.1094 of 2020 approached the Court seeking prayer as under:

“…..to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents in proposing to release electricity supply to the well belonging to the petitioner in the agricultural land situated in S.No.655/A/5/2 of Srirangapuram Village in favour of the 5th respondent herein even without considering the legal notice caused on my behalf on 19.08.2019 that too during the pendency of the suit filed by me before the competent civil Court, as being illegal, arbitrary and against the principles of natural justice and violative of Articles 21, 300-A of Constitution of India apart from in violation of principles of natural justice, and pass such other order or orders as are deemed fit and proper.”

4. The learned Counsel for the petitioner in W.P.No. 8729 of 2023 placing reliance upon the report, dated 06.01.2018 issued by the Village Revenue Officer, Kodad contends that the subject borew ell is located in petitioner’s land and the contents of the said report dated 06.01.2018, read as under:

VRO REPORT “Applicant Mallu Govind Reddy, S/o Veera Reddy, R/o Srirangapuram Village, Kodad. The said applicant has land in Sy. No. 655/A1 00-26, 655/A2 00-26, 655/A1 00-12, total extent 01-24 one acre 24 guntas. The said land has a bore well. Paddy is being cultivated in the said land. The boundaries of the above land are East: Mallu Venkat Reddy, West: Mallu Yesu Reddy, North: Chukkam Ramulu, Shala Road, South: Mallu Govind Reddy's land. The land between the above boundaries is in possession of Mallu Govind Reddy, S/o Veera Reddy, hence submitting this report.”

5. On the other hand the learned Counsel appearing on behalf of unofficial respondent No.5 in W.P.No.8729 of 2023, w ho is also the w rit petitioner in W.P.No.1094 of 2020 submits that the subject borew ell is located in the land belonging to the 5th respondent i.e. Mallu Venkat Reddy.

6. This Court on 17.04.2023 passed interim orders in favour of the petitioner in W.P.No.8729 of 2023 and inspite of the said interim orders in favour

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top