The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.33701 of 2014 Dated 10.11.2014 Between:
Kanamarlapudi Ramalingeswar …Petitioner And Govt. of Andhra Pradesh, Rep. by its Prl. Secretary, Dept. of Energy, Hyderabad and 8 others …Respondents Counsel for the petitioner: Mr.K.Jaya Kumar Counsel for respondent No.1: AGP for Energy Counsel for respondent Nos.2 to 4: Mr.P.Vinod Kumar, SC for SPDCL The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.3 to 6, in disconnecting power supply to service connection Nos.1111400009664 and 11114000090065 in premises bearing No.5-21-196, 2/9 Brodipet, Guntur District, at the behest of respondent Nos.7 to 9, as illegal and arbitrary.
From the facts pleaded by the petitioner, it is evident that there is a serious dispute between the petitioner on one side and respondent Nos.7 to 9 on the other with respect to the above-mentioned property and that the petitioner has already filed OS.No.434 of 2014 seeking permanent injunction against respondent Nos.7 to 9 herein on the file of the Court of the learned Junior Civil Judge, Guntur, who has granted an order of interim injunction vide IA.No.355 of 2014 dated 22-08-2014. However, respondent Nos.3 to 6 appeared to have disconnected the power supply at the request of respondent Nos.7 to 9.
In my opinion, since the dispute pertaining to the above- mentioned property is subject matter of OS.No.434 of 2014, it is appropriate for the petitioner to move the Court, in which the said suit is pending, for appropriate relief against respondent Nos.3 to 6. Accordingly, while declining to entertain this Writ Petition in view of the pendency of the civil suit in respect of the same subject matter, the petitioner is given liberty to file an application for impleadment of respondent Nos.3 to 6 in the said suit and claim appropriate relief against them.
Subject to the above direction, the Writ Petition is dismissed.
As a sequel, WPMP.No.42155 of 2014, filed by the petitioner for interim relief, is dismissed.
(C.V.Nagarjuna Reddy, J) Dt: 10th November, 2014
LUR