D.Rajani vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.31684 OF 2022

ORDER:

The present Writ Petition is filed seeking the following relief:

". . . . pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents 2 to 4 in not taking any action on the legal notice dated 11-10-2021 issued on behalf of petitioner, as being arbitrary, illegal and unreasonable and issue a consequential direction directing the respondents 2 to 4 take action and pass orders on the legal notice dated 11-10-2021 and pass*. .*."

2. Heard Sri G.V. Sriram Murthy, learned counsel, representing Sri K. Gopal, learned counsel for the petitioner and Sri V.R. Reddy Kovvuri, learned Standing Counsel for APSPDCL (R2 to R4).

3. Learned counsel for petitioner, in elaboration to what has been stated in the affidavit contended that, the respondent-authorities have disconnected power supply to the petitioner's residence and thereby the petitioner got issued a legal notice on 11.10.2021, directing the authorities to restore power supply to the petitioner's Service Connection, but so far, they have not done so.

He further contended that, there is a title dispute between the petitioner and the 5th respondent, for which the petitioner has also filed a suit vide O.S.No.626 of 2021, on the file of the learned 1st Additional Junior Civil Judge, Tirupati for declaration of title and the same is pending adjudication.

He further contended that, the authorities without any manner of right has disconnected power supply to the petitioner's residence, at the instance of the 5th respondent and it would suffice for the time being if the authorities dispose of the petitioner's legal notice and pass orders in that regard.

4. Sri V.R. Reddy Kovvuri, learned Standing Counsel also contended that, there is a private party in the present Writ petition and until then this Court orders notice, the grievance of the petitioner cannot be taken into consideration.

5. To the said submission, learned counsel for the petitioner submitted that no positive direction has been sought in the present Writ Petition and as such no notice is required to be given to the unofficial respondent.

6. Learned Standing Counsel further submitted that, the petitioner, instead of making representation, has straightaway issued legal notice and further submitted that the Suit which is filed by the petitioner is pending. Further, it is also submitted that, nowhere it was stated by the petitioner that there is a direction from the Civil Court in his favour and further the notice so placed on record is of the year 2021 and if she makes a fresh representation to the concerned authority, the authority will pass orders, after hearing the petitioner as well as the 5th respondent.

7. In reply, the learned counsel for the petitioner submitted that liberty may be given to the petitioner to make a fresh representation to the concerned authority.

8. As no positive orders are being passed affecting the rights of the 5 th respondent, this Court has not ordered notice on the 5th respondent.

9. Taking submissions of both the learned counsel into consideration and as there is no purpose in keeping the Writ Petition pending, this Court is inclined to dispose of this Writ Petition with the following direction:

(i) The petitioner is at liberty to make a fresh representation to the concerned authority within a period of two (02) weeks from the date of receipt of a copy of this order; and

(ii)On such representation, the concerned authority is directed to take up the same and dispose of it, after hearing the petitioner as well as

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the 5th respondent and pass appropriate orders in accordance with law, within a period of eight (08) weeks and communicate the same to the petitioner as well as to the 5th respondent.

Accordingly, the Writ Petition is disposed of. No costs.

Miscellaneous applications, pending if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI

19 thJune, 2023.

GBS/DSB