IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE NINETH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 793 of 2008 Between: K. Subba Raju. ..... APPELLANTS AND 1. The Superintending Engineer and others. .....RESPONDENTS The Court made the following : . THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 793 of 2008 JUDGMENT: (per Hon’ble Smt. Justice T.Meena Kumari) This appeal is filed aggrieved by order dated 18.07.2008 passed by the learned single Judge in W.P.No.15497 of 2008. The appellant herein is the writ petitioner. He filed the above writ petition apprehending and alleging potential dispossession/interference with his property in an extent of 7647 sq. yards in Sy.No.51/5 of Jaggarajupeta, Visakhapatnam District from the respondents by way of erecting poles for laying ‘High Tension’ wires without following due process of law. The learned single Judge having observed that in respect of his grievance, the writ petitioner has an effective alternative remedy by way of a proceeding before a civil court of competent jurisdiction, dismissed the writ petition with liberty to the petitioner to pursue the appropriate alternative remedy before a civil court of competent jurisdiction. Having aggrieved by the same, the writ petitioner preferred the present appeal. Heard the learned Counsel and perused the material available on record. The learned Counsel for the appellant contended that if the poles for laying High Tension wires are erected through his land, he would be deprived of the land for proper use and the respondents have to pay compensation for laying out the said poles through his land. The learned Counsel for the respondents brought to the notice of this Court a memo issued by the Visakhapatnam Urban Development Authority in LT No.331/08/L3, dated 11.9.2008, advising AP Transco to go for underground cabling, as it is not desirable to erect the H.T. Tower Lines on the road, being important road linking National High Way on one side and Duvvada Railway Station on the other. It is also mentioned in the said memo that the AP Transco is required to submit HT Tower line proposal for taking further action. In view of the facts and circumstances of the case and the memo dated 11.9.2008, we deem it appropriate to give liberty to the appellant herein to make an appropriate representation to the AP Transco to consider the proposal for underground cabling, if he so desires. On such representation being made, the respondents shall dispose of the same, in accordance with law, as expeditiously as possible. Subject to the above observation, the writ appeal is disposed of. No order as to costs. _______________________ Justice T.Meena Kumari ______________________ Justice Sanjay Kumar Dated: 9th November, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 793 of 2008 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T.Meena Kumari) 9th November, 2009