IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1415 of 2009 Between: The Superintending Engineer, A.P. Southern Power Distribution Company Limited, Kadapa, Kadapa District and others. ..... APPELLANTS AND M. Sanjeeva Reddy .....RESPONDENT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :1415 of 2009 JUDGMENT: (per Hon’ble Smt Justice T. Meena Kumari) The present writ appeal has been filed against the order passed by the learned single Judge in WVMP No.1985 of 2009 and WPMP No.6151 of 2009 in WP No.4679 of 2009, dated 16.7.2009. The respondent herein filed the above writ petition. The grievance of the respondent-writ petitioner is that he is the owner of an extent of Ac.5.19 cents in Sy.No.756 of Velavali village in Rajupalem Mandal and when he approached the appellants-authorities for providing a service connection to his property for establishing Mineral Water Plant, the appellants-authorities are insisting him to execute a Registered Sale Deed, in respect of the property occupied by them viz., Ac.0.86 cents out of total extent of Ac.5.19 cents in Sy.No.756 of Velavali Village in Rajupalem Mandal. Along with the writ petition, the writ petitioner filed WPMP No.6151 of 2009 seeking a direction to the appellants-authorities to provide service connection to his premises situated in Sy.No.756 at Velavali village in Rajupalem Mandal, Kadapa District, for establishing Mineral water plant in the name and style of NU-WAY-Foundation. On 16.3.2009 while admitting the writ petition, the learned single Judge passed interim order directing the appellants-authorities to provide temporary service connection to the premises of the petitioner subject to payment of usual charges. On that, the appellants-authorities filed the above WVMP before the learned single Judge seeking to vacate the interim order dated 16.3.2009 passed in WPMP No.6151 of 2009, on the ground that the premises in respect of which the writ petitioner seeking release of power supply, is a part of 33/11 KV Sub-Station premises and therefore, release of power supply to such building will be hazardous to the general public. On hearing both sides, the learned single Judge while taking note of the fact that the title of the writ petitioner is not disputed and even the photographs, the authenticity of which is not disputed by the learned Standing Counsel, do not show any high-tension line passing over the building, which is already constructed, declined to vacate the interim order. But however, the learned single Judge observed that any loss of life or property on account of release of the power supply to the premises of the writ petitioner and using of the said premises shall be at the cost and risk of the writ petitioner. Feeling aggrieved by the order of the learned single Judge in WVMP, the appellants-authorities filed the present appeal. Heard the learned Standing Counsel appearing on behalf of the appellants and the learned Counsel for the respondent and perused the material available on record. On a perusal of the material on record, it is obvious that the title of the writ petitioner in respect of the property in question is not disputed. But however, it is the contention of the learned Standing Counsel that the property viz., Ac.0.86 cents out of total extent of Ac.5.19 cents in Sy.No.756 of Velavali Village in Rajupalem Mandal, was donated way back in the year 1994 and a sub-station was constructed therein in the year 1997 and the premises in respect of which the writ petitioner seeking release of power supply is a part of sub-station and therefore, the writ petitioner has no right whatsoever to seek power connection to the property in occupation of the appellants. Except making a bald statement that the property, in respect of which the writ petitioner seeking release of power supply, is a part of sub-station and the said property was donated to them, the appellants did not place any material before this Court to substantiate the same. In this view of the matter and in view of the observations made in the order impugned, we have no hesitation to hold that the order of the learned single Judge does not suffer from any irregularity or illegality warranting interference of this Court and hence, this appeal is liable to be dismissed. Accordingly, the writ appeal is dismissed. No costs. Registry is directed to post the writ petition for final hearing after summer vacation of 2010. _______________________ Justice T.Meena Kumari _____________________ Justice Sanjay Kumar Dated: 25th January, 2010 Nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :1415 of 2009 (Judgment of the Division Bench delivered by the Hon’ble Smt Justice T. Meena Kumari) 25th January, 2010