HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25131 of 2014 Date:13.11.2014 Between:
V.N.Subhash Chandra Bose, S/o Sri V.V.Mohan Rao . Petitioner And:
The Telangana Southern Power Distribution Company Ltd., reptd by its Divisional Engineer (Elect) Operation, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri Satish Kumar Varma For Sri Milind G.Gokhale Counsel for Respondent Nos.1 to 3: Sri O.Manoher Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 3, in shifting the panel board of the electric meters in Pooja Residency, bearing Municipal No.7-1-621/427, Sanjeeva Reddy Nagar, Hyderabad, as illegal and arbitrary.
The petitioner claims to be the owner of Flat Nos.G-001, G-1, G-2 and G-3, Ground floor of Pooja Residency, Hyderabad. He has alleged that though the estimate was prepared for removing the panel board from the ground floor and refixing the same at the respective flats, no action is being taken so far by respondent Nos.1 to 3.
Respondent No.2 filed a counter-affidavit wherein it is, inter alia, averred that on 02.07.2011, the petitioner requested for removal of the panel board from the Ground floor and refix the same at the respective flats; that a further representation was made on 01.03.2013 for removal of the panel board from the present place and fixing the same by the side of the staircase; that the said representation of the petitioner was considered and an estimate was prepared on 13.03.2013 which was also sanctioned on 21.03.2013 by the Divisional Engineer, Green lands, Hyderabad; and that after issue of the said order, the petitioner made a request to respondent No.3 on 06.04.2013 seeking permission to execute the work on turnkey basis and the same was accepted by respondent No.3 on 17.03.2014, subject to payment of supervision charges. It is further stated that the petitioner failed to pay the supervision charges and that on such payment, there is no objection for the respondents for going ahead with the work relating to the shifting of the panel board. The counter-affidavit further averred that there are serious disputes among the flat owners, some of whom have been protesting against shifting of the panel board.
Sri Satish Kumar Varma, learned counsel representing Sri Milind G.Gokhale, learned counsel for the petitioner, submitted that while it is true that disputes exist among the flat owners on the shifting of the panel board, his client has secured an order of injunction from the competent civil Court.
In the light of the averments made in the counter- affidavit that the petitioner has himself requested for permission to execute the work on turnkey basis and the said permission having already been given, the petitioner is permitted to pay the supervision charges as per the Regulations of respondent No.1. On payment of such supervision charges, respondent No.2 shall permit the petitioner to execute the work of shifting of panel board on turnkey basis.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, W.P.M.P.No.31429 of 2014 is disposed of as infructuous.
13th November 2014 DR
JUSTICE C.V.NAGARJUNA REDDY