THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.37204 of 2014 Dated: 04.12.2014 Between:
K. Chandrappanaidu .. Petitioner and Andhra Pradesh Southern Power Distribution Company Limited (APSPDCL) Rep. by its Chairman Managing Director and others.
.. Respondents Counsel for the petitioner: Smt. Dittakavi Satyavathi The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondent No.2 in extending power supply to respondents 4 and 5 for drawl of water from a bore well situated over Government poramboke land adjacent to the patta land in Sy.No.14/2 of Kasimireddi Chervuu, Diguvapalli Revenue Village, Chowdapalli Mandal, Chittoor District, as illegal and arbitrary.
The petitioner averred that he and his three brothers have filed a suit for partition against respondents 4 and 5 in respect of land admeasuring Ac.1.74 cents in the above-mentioned survey number, wherein they have claimed right over an extent of 0.58 cents. It is the further case of the petitioner that while the said suit is pending, respondents 4 and 5 have drilled a bore well over the Government poramboke land situated adjacent to the suit schedule property, obtained service connection and have been exploiting water for commercial purpose. The petitioner is stated to have made a representation to respondent No.2 to disconnect the power supply to the service connection of respondents 4 and 5 and that the said respondent has not responded to the said request.
After hearing the learned counsel for the parties, I am of the opinion that the writ petition is wholly misconceived. It is not the pleaded case of the petitioner that respondents 4 and 5 have dug a bore well over the patta land in which he has claimed a share by filing a suit. The petitioner has not pleaded as to how his interests are affected if respondents 4 and 5 have been exploiting water from a bore well drilled outside the patta land over Government poramboke land. Even otherwise, if the petitioner feels aggrieved by such action, there is no reason why he has not secured an order of injunction against respondents 4 and 5 in the pending suit, to restrain them from drawing water from the existing bore well.
For the above-mentioned reasons, I find no merit in this writ petition and the same is accordingly dismissed.
As a sequel to the dismissal of the writ petition, W.P.M.P.No.46579 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 4th December, 2014 IBL