THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1046 of 2014
DATED:14.10.2014 Between:
Rayapati Srinivasa Rao, Guntur.
And The Divisional Engineer Electrical Operation, A.P. Southern Power Distribution Company Ltd., Guntur and others.
… Appellant ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1046 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal has been filed impugning the judgment and order of the learned Single Judge dated 3.7.2014, whereby, the learned Single Judge dismissed the writ petition filed by the appellant.
The writ petition was filed by the appellant challenging the order communicated by letter dated 13.3.2009, by which, the electric connection has been transferred from the name of M/s. Rayapati Veeraiah Cotton & Ginning Mills to the name of the 3rd respondent. The learned Single Judge has also recorded that on an earlier occasion, a Division Bench of this Court, by order dated 31.12.2008 directed the 1st respondent to hear the objections of the appellant as well as the 3rd respondent. In pursuance of the said order, the 1st respondent issued a notice dated 21.2.2009 to the appellant/writ petitioner and the 3rd respondent. But, the writ petitioner did not appear. It was alleged in the writ petition that on the date of hearing, he was suffering from serious health problem. In the writ petition, there is no single document to support the factum of illness. However, the learned counsel for the appellant contends before us that the appellant is a physically handicapped person and he has impossibility to move around. In any view of the matter, when the learned Single Judge found that the writ petitioner was not interested to have a hearing, obviously, the earlier order was restored. We also notice that civil suits are pending between the parties involving the issues of claims and rival claims of electric connection.
We think that at this stage, instead of interfering with the impugned order of the learned single judge, we dispose of the appeal clarifying that the order of the 1st respondent impugned in the writ petition as well as the order of the learned Single Judge, impugned herein will abide by the result of the pending civil suits. In the event, the appellant succeeds to establish his claim to have an electric connection, obviously, the 1st respondent will have to accept the decree, as soon as it becomes final.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 14th October, 2014 Pnb SANJAY KUMAR, J