HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29792 of 2014 Date:08.10.2014 Between:
M.Sreenivas, S/o M.Heera Lal . Petitioner And:
The State of Telangana, reptd by its Principal Secretary, Power Sector, Hyderabad and 16 others.
. Respondents Counsel for the Petitioner: Sri Vijay B.Paropkari Counsel for Respondent Nos.1 & 2: Sri S.V.Ramana, For Sri O.Manoher Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in releasing power supply to respondent Nos.7 to 17 as illegal and arbitrary.
The petitioner claims that he is the owner of land in Survey Nos.231 and 237 admeasuring Acs.4.03 guntas and Acs.2.11 guntas, respectively, of Kesaram Village, Shameerpet Mandal, Ranga Reddy District and that without his knowledge and without any legal right, the private respondents, i.e., respondent Nos.7 to 17 were sanctioned power connections and in pursuance thereof, power supply was released in respect of the structures unauthorisedly raised by them over the petitioner’s land.
In my opinion, in the face of the effective alternative remedy available to the petitioner under sub- sections 5 and 6 of Section 42 of the Electricity Act, 2003 (for short ‘the Act’), invocation of the remedy under Article 226 of the Constitution of India by the petitioner is not appropriate. Therefore, while declining to adjudicate the Writ Petition on merits, the petitioner is relegated to the remedies under sub-sections 5 and 6 of Section 42 of the Act.
The Writ Petition is, accordingly, dismissed.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.37215 of 2014 filed by the petitioner for interim relief stands dismissed as infructuous.
08th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY