D. CH. YELLAMMA, HYD. v. PRL. SECY., ENERGY DEPT. AND 4 ORS.
Court: High Court for State of Telangana
Bench: SUREPALLI NANDA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-12. D. CH. YELLAMMA, HYD. v. PRL. SECY., ENERGY DEPT. AND 4 ORS. Read the judgment and case details...
Judgment text
1s2521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTTCE SUREPALLI NANDA WRIT PETITION NO: 24842 0F 2010 Between: D, Cf Yellamma , , W/o. D. Ch. Ramedh Ryo. euarter No. 3 A FF New H. No. 8_2_ 292l82lcTNl3A FF, Gouthamnagar, Film Nagar, Hyderabad. ... PETITIONER AND 1. Government of Andhra Pradesh, rep by its principal Secretarv to p9 ye11q n t,_E n e rg y D e p a rtm e n t, S ecreta jJra 9 ri a[ e u i io i n o s, H y b;A:r>'. "', -bJmpound, 2. APCPDCL Represented by its Managing Oiietior,' Mint Hyderabad. J. Assistant Divisional Enoineer, West Zone, APCPDCL, Banajra Hills, Road No. 1, Hyderabad. 4. Superintendent. Engineer (Operation) North Circle ApCpDCL, Mint Compound, Hyderabad. 5. Assistant (Electricat), ApCpDCL, . -. Elgilqg. r Operation, Section, Filmnagar, Division - Xlll, C-lV, Hyderabaci. ...
RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action on the part of ihe respondents authorities in not issuing a new service connection in the name of the petitioner and insisting for the payment of arrears inspite of judgment in w. p. No. 240 of 20os and disconnecting the power supply to the euarter No. 3A FF new House No. g-2- 292lB2lGTNl3A FF, Goutham Nagar, Film Nagar, Hyderabad with service connection No. 49/00191 '1 in the name of Mankyamma is illegal and unconstitutional and consequenfly direct the authorities to restore the power connection and receive the payment as directed by this Hon'ble court in w. P. No. 240 of 2005 and later on issue a fresh power connection in the name of the petitioner as sought by her l. A. NO: 1 oF 201o(WrtvlP.
xQilllEl lQF 2010) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to restore the power connection to the service to the Quarter No. 34 FF New House No. 8-2-292182/GTN/3A FF, Goutham Nagar, Film Nagar, Hyderabad with service connection No. A9/00191 1 in the name of lt/ankyamma Counsel for the Petitioner: SRl. K. S. MURTHY Counsel for the Respondent No. 1 :AGP FOR ENERGY Counsel for the Respondent Nos. 2to5: SRI R. VINOD REDDY (SC FOR TSTRANSCO) The Court made the following: ORDER rr ' . j*rtt,, :-irai? HON'BLE MRS JUSTICE SUREPALLI NANDA P 444 o1 ORDER Heard Sri K. S. Murthy, learned counsel appearing on behalf of the petitioner, learned Assastant Government Pleader for Energy, appearing on behatf of respondent No,1 and Ms. Nikita Goenka, learned counsel representing, Sri R. Vinod Reddy, tearned Standing Counsel for TSTRANSCO, appearing on behalf of respondent Nos. 2 to S.
2 The petitioner approached the Court seeking prayer as under: "... issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents authorities in not issuing a new service connection in the name of the petitioner and insisting for the payment of arrears inspite of judgment in W. P. No. 240 of 2005 and disconnecting the power supply to the Quarter No. 34 FF, new House NI. B-Z-292/A2IGTN/3A FF, Goutham Nagar, Film Nagar, Hyderabad with service connection No. A9l001911 in the name of Mankyamma is illegal and u n co nstitutiona I and consequently direct the authorities to restore the power connection and receive the payment as directed by this Hon,ble Court in W. p. No. 240 of 2005 and later on issue a fresh power connection in the name of the petitioner as sought by her and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest ofjustice.
" PERUSED THE RECORD 3, The counter affidavit has been filed on behalf of resDondent Nos. 2 to 5 and in D a rticular Daraqra h No. 3 is extracted ereu n der: "It is submitted that as per the scheme of the government the electricity arrears which were pending in respect of the old service connection have been i withd rawn. It is open to the petitioner to apply for a new I service connection which shall be issued as per the General Terms and conditions of Supply and the rules applicable. The cause of action does not survive anymore and the writ petition may be dismissed on this ground I alone. " 4. The relief as souoht for b the oetitioner is two fold and the sam is as under: d). Direction to the respondent authorities to rssue a new service connection in the name of the petitioner. b). Not to insist the petitioner for the payment of a rrea rs as per the judgment in W. P. No. 240 of 200s. 5. The counter affidavit filed on behalf of respondent Nos. 2 to 5 in particular paragraph No.
3 (referred to and extracted above) clearly indicates that as per the scheme of the Government the electricity arrears which were pending in respect of the old service connection have been withdrawn and further it is open to the petitioner to apply for a new service 1 \ ' connection which shall be issued as per the general i terms and I , conditions of supply and the rules applicable. I ' 6. Taking into consideration:- a) The submissions made by both the learned i counsel appearing on behatf of the petitioner and learned Standing Counse! appearing on behalf of I respondent Nos. 2 to 5. I I i b) Duly considering the averments I made at I paragraph No. 3 of the counter affidavit filed on behalf of respondent Nos. 2 to 5 (referred to and extracted above). The writ petition is closed, leaving it open to the petitioner to apply to the respondents for a new service connection if not already issued in favour of the petitaoner as on date. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. I \ SD/-T. JAYASREE GISTRAR ASSI //TRUE COPY// OFFICER To, 1 orreransana' at ["R Y'YSEV; tiJf,'3:? ["'3,'31''"" 2 ? ffi 33J? "'5! u, *o, RED DY(s c Fo R rsr RAN s co) to P u cl 3 3X1"58# t? YtJ 4 Two CD CoPies BM {A- BSK HIGH COURT DATED:1211212024 i,,! '. ; i /:) ,t) Du r i 2rJ25 . :' i\... _/, ',rcBl --:- ORDER WP. No. 24842 of 2010 CLOSING THE WRIT PETITION WITHOUTCOSTS f+ o, L >\ *t' <1 t lL6l-^rra'
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