THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.20419 of 2013 Between: V.H.T.Rama Rao And Dated 30th December, 2014 …Petitioner The Assistant Engineer, Balaji Nagar, A.P.Central Power Distribution Company, Hyderabad and others …Respondents Counsel for the petitioner: Sri T.G.Prasad Reddy Counsel for the respondents: Sri S.V.Ramana for Sri O.Manohar Reddy The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent Nos.1 and 2 in not considering the petitioner’s application for issuing a fresh electricity connection as illegal and arbitrary.
The petitioner pleaded that he has purchased plot No.388 of Anjaneya Nagar, Kukatpally, Balanagar Mandal, Ranga Reddy District under a registered sale deed, dated 16.03.2004. That on 21.02.2013, he has applied to respondent No.1 for release of electricity connection. His grievance is that his application is not considered and service connection is not released.
Respondent No.1 filed a counter affidavit, wherein it is inter alia stated that in respect of the same premises for which the petitioner has applied for service connection, there is also an existing service connection bearing SC.No.22015-00211 standing in the name of one V.N.Subhash Chandra Bose, that the said service connection was disconnected for non-payment of consumption charges and that as in February, 2013 there were arrears to the tune of Rs.96,600/-, on the said service connection. It is therefore asserted that as there are arrears payable on the same premises, a fresh service connection cannot be granted as per the respondents’ terms and conditions of supply unless those arrears are paid.
In the reply affidavit filed by the petitioner, it is inter alia stated that he has purchased plot No.388 under a separate registered sale deed and that the arrears pleaded by the respondents are in respect of the premises situated over plot No.389 and that therefore, the respondents cannot deny release of service connection to him for non- payment of arrears in respect of plot No.389.
At the hearing, Sri S.V.Ramana, learned counsel, representing Sri O.Manohar Reddy, learned Standing Counsel for the respondents, placed before the Court a copy of an approved building plan, a perusal of which, would show that the plan was approved in respect of building to be constructed over plot Nos.388 and 389.
Sri T.G.Prasad Reddy, learned counsel for the petitioner, is unable to deny this fact.
Inasmuch as the building appeared to have been constructed over both the plots, namely, plot Nos.388 and 389, the plea of the petitioner that the arrears payable in respect of service connection over plot No.389 cannot be shown as the reason for denying electricity connection is without merit.
For the above-mentioned reasons, no mandamus can be granted to the petitioner. However, if the petitioner pays the arrears of electricity charges in respect of existing service connection, the respondents shall consider release of fresh service connection to him.
Subject to the above direction, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.25038 of 2013 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 30th December, 2014
VGB