The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38079 of 2014 Dated 10.12.2014 Between:
Konduru Kannaiah Raju And State of Andhra Pradesh, rep. by its Prl.Secretary, Energy Dept., Secretariat, Hyderabad and 3 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.Ch.Venkat Raman Counsel for respondent No.1: AGP for Energy The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 to 3 in issuing electrical service connection to the property situated in Survey No.260 of Tiruchanur Village, Tirupathi Rural Mandal, in favour of respondent No.4, as illegal and arbitrary.
I have heard Mr.Ch.Venkat Raman, learned Counsel for the petitioner, and perused the record.
On the petitioner’s own showing, there is a serious dispute between the petitioner and respondent No.4 with respect to the property in relation to which service connection has been issued by respondent Nos.1 to 3 and that the petitioner has filed OS.No.180 of 2013, against respondent No.4, his wife and others, for permanent injunction, in the Court of the learned Additional Junior Civil Judge, Tirupathi, and that the same is pending.
In my opinion, instead of filing the present Writ Petition, the petitioner ought to have sought for an appropriate relief in the aforesaid suit itself by impleading therein the official respondents also. Having already availed a remedy before the Civil Court, the petitioner cannot be allowed to indulge in multiplicity of proceedings with respect to the same subject matter.
In this view of the matter, the Writ Petition is dismissed without expressing any opinion on the merits of the case and with liberty to the petitioner to claim appropriate relief in the pending civil suit.
As a sequel to dismissal of the Writ Petition, WPMP.No.47626 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J)
Dt: 10th December, 2014
LUR