IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12188 of 2008 Between: Mohammed Zaker, S/o. Mohammed Jahangeer, R/o. H.No. 4-25-3/2/1A, Suleman Nagar, Rajendranagar village, Ranga Reddy District. ..... PETITIONER AND 1 The Andhra Pradesh Central Power Distribution Corporation Limited, Rep. byits Assistant Engineer, Operation, Old Bowenpally (74), Distribution XXIV, City-VI, Secunderabad. 2 The Assistant Accounts Officer, Engineering Electrical, ERO- XII/APCPDCL, Bowenpally, Secunderabad. 3 The Assistant Divisional Engineer, Distribution XXIV/Section /Operation/74, APCPDCL, Secunderabad. .....RESPONDENT(S) 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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not dismantling the electricity service connection NO. B033276 at house No. 9-1- 61, constructed over plot NO.4 in Sy.No. 106 and 107, admeasuring 80Sq. yards equivalent to 66.88 sq. meters situated at Hashmathpet Village, Kukatpally Municipality, Balanagar Mandal, Ranga Reddy District, as illegal and arbitrary and pass Counsel for the Petitioner:MR.ABDUL NAJEEB KHAN Counsel for the Respondent No.: MR.O.MANOHER REDDY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12188 of 2008 ORDER: It is the case of the petitioner that he is the absolute owner of the double storied house bearing No.9-1-61, situated at Hashmathpet Village, Kukatpally Municipality, Balanagar Mandal, Ranga Reddy District, and he had two electricity service connections bearing Nos.B058299 and B033276. It is stated that the entire house was leased out in favour of the tenants and as there was some dispute with regard to apportionment of the electricity bills by the tenants, he has decided to surrender his Service Connection No.B033276 and to provide sub-metres to the tenants from Service Connection No.B058299 as desired by the tenants. It is stated that there is no objection for the tenants in dismantling service connection No.B033276. Accordingly, he made an application on 19-05-2004 for dismantling Service Connection No.B033276. Pursuant to the said application, the 1st respondent issued letter, dated 07-05-2008, to produce ‘No Objection Certificate’ and also pay dismantling charges. It is stated that he paid dues of Rs.260/- and also dismantling charges. Accordingly, on 13-05-2008, the 2nd respondent issued ‘No Objection Certificate’ for dismantling the said Service Connection. It is stated that the 3rd respondent is the concerned Authority to dismantle the Service Connection, but even after receipt of the letter of the 2nd respondent, dated 13-05-2008, the 3rd respondent has not dismantled the said Service Connection. Learned Standing Counsel appearing for the respondents submits that if the landlord is a registered consumer, he is entitled for dismantling the service connection. If the tenants have any objections, the only course open for them to get fresh service connection, but they cannot object for dismantling the said Service Connection. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents to dismantle Service Connection No. B033276 within ten days from the date of receipt of a copy of this order. There shall be no order as to costs. __________ 13-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}