THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38941 of 2014 Dated: 18.12.2014 Between:
Korukanti Sathyanarayana and another .. Petitioners and The Co-operative Electric Supply Society Ltd. (CESS), Rep. by its Managing Director, Sircilla, Karimnagar District, and others.
.. Respondents Counsel for the petitioners: Mr. Jithender Rao Veeramalla Counsel for respondents 3&4: AGP for Revenue (TS) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of the respondents in disconnecting power supply to the petitioners’ agricultural bore well situated in Sy.No.448 of Jillella Village, Sircilla Mandal of Karimnagar District, as illegal and arbitrary.
On the petitioners’ own showing, they have already filed O.S.No.185 of 2014 in the Court of the Senior Civil Judge, Sircilla, against respondents 3 and 4, for perpetual injunction and also I.A.No.871 of 2014 in the said suit for interim injunction and that notice was ordered on the said injunction application. The petitioners alleged that on 11.12.2014, respondent No.4 has highhandedly taken away the electrical fuses pertaining to their agricultural bore well.
In my opinion, when a civil suit filed by the petitioners against respondents 3 and 4 is pending, the appropriate remedy for the petitioners is to claim suitable relief in the pending suit, as one of the defendants to the suit has allegedly taken away the electrical fuses. Instead of availing such remedy, the petitioners have needlessly approached this Court by invoking its extraordinary jurisdiction.
For the above-mentioned reasons, I am not inclined to entertain the writ petition for adjudication on merits.
The writ petition is accordingly dismissed with liberty to the petitioners to claim appropriate reliefs in the pending suit.
As a sequel to the dismissal of the writ petition, W.P.M.P.Nos.48784 and 48785 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 18th December, 2014 IBL