HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30806 of 2014 Date:15.10.2014 Between: K.Nagabushanamma, W/o Linga Reddy . Petitioner And:
The District Collector, SPSR Nellore District and four others.
. Respondents Counsel for the Petitioner: Sri G.Venkateswarlu Counsel for Respondent Nos.3 to 5: Sri P.Vinod Kumar The Court made the following:
ORDER:
This Writ Petition is filed assailing letter No.AE/Operation/T.P.Guduru/D.No.337/14, dated 24.09.2014, of respondent No.5, whereby he has called upon the petitioner to show cause why Service Connection No.819 released in respect of Survey No.283 of Varigonda Village, Thotapalligudur Mandal, SPSR Nellore District, shall not be disconnected.
The petitioner pleaded that she has been carrying on prawn culture over the land in Survey No.283 for a long time and that due to certain extraneous reasons, third parties have approached the revenue authorities and respondent No.2, in turn, has addressed letter, dated 15.09.2014, to respondent No.5 for disconnecting the power supply on the ground that the petitioner is carrying on prawn culture without obtaining permission from the competent authority. She further pleaded that she has indeed made an application before the Joint Collector, SPSR Nellore District on 22.09.2014 seeking permission and that the said application is pending.
No action detriment to the petitioner's interests has been taken by respondent No.5 so far. Instead of straightaway disconnecting the power supply to the petitioner's land, respondent No.5 has given a show cause notice giving an opportunity to the petitioner to explain as to why the Service Connection shall not be disconnected as, she is allegedly carrying on prawn culture without obtaining permission from the competent authority. Instead of availing the said opportunity offered by respondent No.5, the petitioner has unnecessarily approached this Court by way of the present Writ Petition.
In my opinion, no cause of action had arisen for the petitioner to file this Writ Petition. Therefore, treating this Writ Petition as wholly pre-mature, the same is dismissed with liberty to the petitioner to submit her explanation to respondent No.5 within one week from today. On such explanation being submitted, respondent No.5 shall consider the same and pass an appropriate order before taking any steps adverse to the interests of the petitioner.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.38493 of 2014 filed by the petitioner for interim relief is dismissed as infructuous.
15th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY