THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.27471 of 2014 Between:
Dated 02nd December, 2014 Sistla Subrahmanya Sastri And …Petitioner Southern Power Distribution Company of A.P.Ltd., rep.by its Divisional Engineer-Operation, APSPDCL, Chenchupet, Guntur Road, Tenali, Guntur District.
…Respondent Counsel for the petitioner: Sri C.Raghu Counsel for the respondent: ---
The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in demanding a sum of Rs.31,080/- for removal of an LT electric pole located in the petitioner’s plot as illegal and arbitrary.
From the perusal of the record, it is clear that on the request of the petitioner for shifting of the electric pole, an estimate was made for Rs.31,080/-.
In my opinion, as the petitioner wants shifting of the pole from his property to outside of it, he is liable to pay charges required for such shifting. Having regard to the right of the licensee to lay electric poles even over the private properties under the provisions of the Indian Telegraph Act, 1885 which are made applicable to the electricity licensees under the provisions of the Electricity Act, 2003 it is not obligatory for the respondents to accede to the request of the petitioner to shift the electric pole. The petitioner having been conferred with the advantage of shifting of pole from his plot, he is liable to bear the shifting charges. Therefore, I do not find any illegality in the action of the respondents in demanding shifting charges from the petitioner.
For the above-mentioned reasons, the writ petition is without any merit and the same is accordingly dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.34398 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 02nd December, 2014
VGB