HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 25927 OF 2007 DATED 16th DECEMBER, 2014.
BETWEEN Singamsetty Rama Sesha Giri Rao and anr ….Petitioners And Southern Power Distribution Company of Andhra Pradesh Limited, rep. by its Divisional Assistant Engineer, Markapur, Prakasam District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 25927 of 2007.
ORDER:
Heard learned Counsel for the petitioners and learned Standing Counsel for respondents 1 to 3.
The second petitioner and first petitioner are the owners of house property bearing H.Nos.6-18 and 6-17 respectively. They availed power supply from the respondents through service connection numbers 858 for house No.6-17 and 351 for house Number 6-18. After the death of their parents, the petitioners partitioned their properties into two shares and got allotted one share each to them under registered partition deed dated 30.08.2007. A schedule property was allotted to the first petitioner and B schedule property was allotted to the second petitioner. House Number 6-17 was allotted to the first petitioner and House Number 6-18 was allotted to the second petitioner towards their respective shares. Both the petitioners submitted separate applications on 30.03.2007 to the first respondent for mutation of their names. The first respondent passed orders on 10.04.2007 ordering mutation of names of the petitioners. Accordingly respondents 2 and 3 mutated the names of the petitioners and thereafter the electricity bills were generated in the names of the petitioners for their respective connections. However, for the month of November, 2007, the electricity bill in respect of service connection No. 858 situated in H.No.6-17 was generated in the name of K.Sivaiah. Challenging the same the present Writ Petition was filed.
The respondents filed a counter affidavit stating that based on the representations of the petitioners, orders for mutation of their names were passed. Thereafter one Smt. Kalluri Venkatalaxmamma, W/o Late Sivaiah, fourth respondent herein, got issued a legal notice stating that the house bearing No.6-17 of Naidu Street, Markapur town, Prakasam District belongs to her and the said property was given to her by means of a Will by her mother. Originally the power supply in respect of H.No.6-17 was given in the name of K.Sivaiah and power supply in respect of H.No.6-18 was given in the name of one Late Venkatasubbaiah. The petitioners submitted registered partition deed and sought for mutation of their names. Subsequently the fourth respondent got issued a legal notice. In the circumstances, the orders issued in favour of the petitioners were cancelled and service connection was restored in the name of K.Sivaiah.
From the above facts, it is clear that the first petitioner is claiming House No.6-17 through the registered partition deed dated 30.08.2007. Originally power supply connection was given to the said house in the name of K.Sivaiah. After the order directing mutation of the names of the petitioners was passed on 10.04.2007, the wife of late K.Sivaiah got issued a legal notice and in view of the same, orders passed in favour of the petitioners were cancelled and the power supply service connection was restored in the name of K.Sivaiah. In these circumstances, this Writ Petition is disposed of directing respondents 1 to 3 to issue appropriate notice to the petitioners as well as the fourth respondent with regard to mutation of names and depending on the documents submitted by them and based on the terms and conditions of supply, necessary orders shall be passed there on.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 16th December, 2014. Msnrx