IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 293 of 2009 Between: 1 D. Narayana Rao, S/o. Late Ramaiah, R/o. Challapalli Vari Veedhi, Anjali Seshaiah, Satyanarayanapuam, Vijayawada, Krishna District. 2 P. Suryanarayana, S/o. Late Venkatesh, r/o. 21-212, Sainath Nagar, Tiruvuru, Krishna District. 3 P.S. Satyanarayana Murthy, S/o. Late Venkatesh, R/o. Flat No. 1, Sudha Residency, 1st Lane, Ramannapeta, Guntur. ..... PETITIONER(S) AND 1 A.P. Tranco, Rep by its Superintendent Engineer, High School Road, Patamatalanka, Vijayawada, Krishna District. 2 Vijayawada, Guntur, Tenali & Mangalagiri, Urban Development authority, Rep by its Vice Chairman, Vijayawada, Krishna District. .....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 any appropriate writ, order or direction preferably a writ in the nature of Mandamus, declaring action of the 1st respondent digging in House plots belonging to the petitioners situated in an approved layout, without notice and opportunity is intentional, malafide, arbitrary, illegal and contrary to the Act and in opportunity is intentional, malafide, arbitrary, illegal and contrary to the Act and in violation of principles of natural justice and consequently direct the 1st respondent to act in accordance with law. Counsel for the Petitioner:MR.K.V.BHANU PRASAD Counsel for the Respondent No.: MR.O.MANOHER REDDY The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.293 OF 2009 ORDER: The writ petition is filed by the petitioners for declaring the action of the 1st respondent digging in house plots belonging to the petitioners situated in an approved layout without notice and opportunity as illegal and arbitrary and consequently direct the 1st respondent to act in accordance with law. The case of the petitioners is that they are the owners of plot Nos.496 to 499 respectively in the approved lay out vide L.P.No.28/2008/VJA situated in the limits of Gollapudi and Rayanapadu villages, Vijayawada rural Mandal, developed by M/s.Janachaitanya Housing Limited. The layout was sanctioned by the 2nd respondent. While so, the first respondent without giving any notice as required under Sections 12 and 13 of the Indian Electricity Act, 1910 digging pits in the said plots. Objecting the said action, the petitioners made a representation on 5.1.2009 to the first respondent. It is stated that the said representation had not been considered and disposed of. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the first respondent to consider and dispose of the said representation of the petitioners dated 5.1.2009 as expeditiously as possible within a period of five days from the date of receipt of a copy of this order. Till then status quo obtaining as on today shall be maintained. ________ 12.1.2009 kpr