IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 11485 of 2004 Between: N.V.Satyanarayana, S/o.Late N.Suryanarayana, 12-13-1257, Taranaka, Secunderabad (S.C.No.V-26156 in the name of the Late N.Annapurna) ..... PETITIONER AND 1 Transmission Corporation of A.P.Ltd., (A.P.Transco)rep.by its Chief M.D.,Vidyut Soudha, Khairatabad, Hyderabad. 2 The Divisional Engineer, Assessement-III, The Central Power Distribution Company of A.P.Ltd.,(A.P.Transco), 3-6-184, 4th floor, Urdu Galli, Himayatnagar, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not transferring the proceedings pending before him pursuant to his Lr.No.DEA/1/Hyd/F.No.1449/C- V/D.No.2106 dated 02-12-2000 as highly illegal arbitrary unjust and contrary to section 49-C of the Indian Electricity (A.P.Amemdment) Act, 2000 and consequently direct the 2nd respondent to transfer the matter to the jurisdictional Tribunal constituted under the provisions of the Indian Electricity (A.P.Amemdment) Act, 2000/Indian Electricity Act, 203 and pass. For the Petitioner:MR.D.V.NAGARJUNA BABU, Advocate For the Respondent No.: MR.KANAKAMEDALA RAVINDRA KUMAR The Court made the following ORDER: This writ petition is filed by the petitioner aggrieved by the non- transfer of the proceedings pending before the second respondent under the provisions of the Indian Electricity (A.P. Amendment) Act, 2000 (for short ‘the Act’). These matters are to be dealt with by the Jurisdictional Tribunals constituted under the Act. 2. According to the petitioner even though such representation was made before the second respondent, the second respondent failed to act upon the said representation by transferring the proceedings pending before him to the Tribunal having jurisdiction to adjudicate upon such dispute. Hence, the present writ petition. 3. At the time of hearing, the learned counsel for the petitioner placed a copy of the order of this Court in Writ Petition No. 7582 of 2004 dated 22.04.2004 where this Court at the admission stage allowed the writ petition, directing the concerned respondent to transfer the proceedings pending before him to the special Tribunal having jurisdiction in terms of Section 49-C of the Act. 4. In that view of the matter, this writ petition is also allowed at the admission stage directing the second respondent to transfer the proceedings pending before him to the special Tribunal having jurisdiction in terms of Section 49-C of the Act, to adjudicate upon the issue in dispute. ----------- ---- 07.07.2004 va To 1. The Chairman/Special Tribunal, constituted under Electricity Act, Vidyut Soudha, Hyderabad 2 The Chief M.D., Transmission Corporation of A.P.Ltd., (A.P.Transco) ,Vidyut Soudha, Khairatabad, Hyderabad. 3 The Divisional Engineer, Assessement-III, The Central Power Distribution Company of A.P.Ltd.,(A.P.Transco), 3-6-184, 4th floor, Urdu Galli, Himayatnagar, Hyderabad. 4 Two CD Copies