THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.36336 of 2014 Dated: 28.11.2014 Between:
Pilli Anjaneyulu Yadav .. Petitioner and The Managing Director, APCPDCL, and another.
.. Respondents Counsel for the petitioner: Mr. B. Chandrasekhar Counsel for the respondents: Mr. O. Manohar Reddy The court made the following:
ORDER:
The petitioner, who claims to be the owner of Ac.19.12 gts. of land in Sy.Nos.418, 419, 420, 421 and 403 of RTC colony, Malkajgiri, Ranga Reddy District, filed this writ petition for a Mandamus to direct the respondents not to extend power supply to the persons who allegedly constructed houses unauthorisedly over the land belonging to him.
After hearing the learned counsel for both parties, I am of the opinion that the prayer sought in this writ petition cannot be granted for the reason that except the assertion of the petitioner that he is the owner of the property, his title has not been adjudicated by any court of law. At any rate, on the petitioner’s own showing, certain third parties are in occupation of the land in dispute. Unless a competent court of law declares their possession as unauthorized and appropriate directions are given to the respondents either not to release power supply or disconnect the power supply if already released, no Mandamus can be issued to the respondents not to extend power supply.
On the above analysis, the writ petition is dismissed with liberty to the petitioner to approach the competent court of civil jurisdiction for appropriate reliefs against the encroachers as well as the respondents.
As a sequel to the dismissal of the writ petition, W.P.M.P.No.45485 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 28th November, 2014 IBL