THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI AND THE HONOURABLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO. 1 3 8 8 OF 2008 JUDGMENT : (Per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) Respondent No.3 in WP.No.21782 of 2008 filed this writ appeal against the order dated 30-9-2008 of the learned single Judge, whereby he directed respondents 2 and 3 to restore the power supply to the premises in dispute, admittedly in occupation of respondent No.1. 2. A perusal of the order under appeal shows that the said direction was given by the learned Judge on the admitted fact that while disconnection notice was given to respondent No.1 inviting objections within one week, disconnection was effected even before the expiry of time for filing objections. In view of the said fact, the writ petition was allowed by the learned single Judge with a direction to respondents 2 and 3 to consider the objections filed by respondent No.1 on 16-7-2008 and pass appropriate orders afresh. The learned single Judge also directed that till then power supply to the premises in occupation of first respondent shall be restored. 3. At the hearing, Sri P.Venugopal, the learned counsel for the appellant submitted that though his client is impleaded as Respondent No.3 in the writ petition, the learned single Judge disposed of the writ petition without notice to him. 4. We have carefully considered the submission of the learned counsel at the hearing. While it is true that the writ petition was disposed of without notice to respondent No.3, to obviate the necessity of remand we called upon the learned counsel to make submissions on merits and sustain the action of the respondents 2 and 3 in disconnecting the power supply even before the expiry of time for filing objections by respondent No.1. 5. Having heard the learned counsel for the appellant, we are in agreement with the view of the learned Judge that disconnection of power supply even before the expiry of time for filing the objections by Respondent No.1 is illegal. In the face of the admitted fact that disconnection was made before the expiry of time for filing objections, we see justification in the direction given by the learned single Judge to restore the power supply before taking an appropriate decision after considering the objections filed by Respondent No.1. 6. We therefore find no merit in this writ appeal and it is accordingly dismissed. No costs. ________________________ JUSTICE T. MEENA KUMARI . ____________________________ JUSTICE C.V. NAGARJUNA REDDY. 29/1/2009. I s L