HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRTEENTH DAY OF AUGUST, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO: 23210 of 2014 Between:
Bora Appa Rao, S/o.late Appa Rao, Occ: Self Employee, R/o.D.No.21-13, Viman Nagar, NAD Post, Visakhapatnam.
. Petitioner AND
1 A.P. Eastern Power Distribution Co. Ltd., Visakhapatnam, Rep. by its Managing Director.
2 The Divisional Electrical Engineer (Operations), APEPDCL, Kancherlapalem, Visakhapatnam.
3 The Superintending Engineer, APEPDCL, Green Park Hotel, Visakhapatnam.
4 The Assistant Divisional Engineer (Zone-II), APEPDCL, Kancherlapalem, Visakhapatnam.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents in trying to erect electrical poles without issuing any Notice to the Petitioner in the property admeasuring 500 Sq.yards bounded by H.No.23-16 on the East, D.No.21-21 on the South, the property of Bora Gurumurthy on the West and 20 feet road on the North, situated at Sy.No.72/6P, Gopalapatnam Village, Chinnagadhili Mandal, Visakhapatnam District, as illegal and arbitrary and further direct the Respondents not to erect poles in the Petitioner's property without following due process of law.
WPMP.NO: 29089 of 2014 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in the W.P., the High Court may be pleased to grant interim direction directing the respondents not to erect any electrical poles in the property of the petitioner admeasuring 500 Sq. yards bounded by H.No.23-16 on the East, D.No.21-21 on the South, the property of Bora Gurumurthy on the West and 20 feet road on the North, situated at Sy.No.72/6P, Gopalapatnam Village, Chinnagadhili Mandal, Visakhapatnam District, pending disposal of WP No.23210 of 2014 on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri C. Raghu, Advocate for the Petitioner and Sri P.A. Seshu, learned Standing Counsel for the Respondents, the Court made the following ORDER:
Print the name of Sri P.A. Seshu, learned standing counsel for respondents.
He seeks time for getting instructions. Post on 20.08.2014 in motion list.
Meanwhile, there shall be status-quo, obtaining as on today.
//TRUE COPY// ASSISTANT REGISTRAR For ASSISTANT REGISTRAR To
1 The Managing Director, A.P. Eastern Power Distribution Co. Ltd., Visakhapatnam.
2 The Divisional Electrical Engineer (Operations), APEPDCL, Kancherlapalem, Visakhapatnam.
3 The Superintending Engineer, APEPDCL, Green Park Hotel, Visakhapatnam.
4 The Assistant Divisional Engineer (Zone-II), APEPDCL, Kancherlapalem, Visakhapatnam.
(Addressees 1 to 4 BY RPAD)
5 One CC to Sri C. Raghu, Advocate (OPUC)
6 One spare copy. nnr HIGH COURT ARR,J DATED: 13-08-2014 NOTE: Post on 20-08-2014 in motion list ORDER W.P.NO. 23210 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 14-08-2014 ARR,J DATED: 13-08-2014 NOTE: Post on 20-08-2014 in motion list ORDER W.P.NO. 23210 OF 2014 DIRECTION