IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.11204 of 2002 Between: Dr.Yalamanchili Jagan Mohan Rao, S/o.Sambasiva Rao 4/2, Arundapet, Guntur. ..... PETITIONER AND 1 Divisional Executive Engineer Operation- Distribution, APSPDCL, Red Cross Building, Near Guntur Medical College, Kannavarithota, Guntur. 2 Additional Asst. Engineer Operation- Distribution, APSPDCL, Fuse Call Office, Brodipet, 1st Lane, Guntur. 3 Asst.Accounts Officer, APSPDCL,ERO Pallvi Delux Complex, Guntur. 4 Yalamanchali Prabhavathi W/o.Jagan Mohan Rao R/o.Guntur, Guntur Dist. R4 is impleaded as per Court Order dt.31-12-2002 in WPMP 15791/02. .....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, order or direction especially in the nature of a Writ of Mandamus directing the respondents to dismantle service connection Nos.44 & 15731 for my house bearing No.6-4-101, situated at 4/2 Arundelpet, Guntur and orders refund of consumption deposit after declaring the impugned order of 2nd respondent in his proceedings No.AAG/DI/GNT/779/2002 dt.2-6-2002 as illegal, arbitrary, ultra-vires, opposed to principles of natural justice and null and void. Counsel for the Petitioner: MR. MOVVA.CHANDRASHEKAR RAO Counsel for the Respondents: Mr. O. MANOHAR REDDY The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11204 of 2002 ORDER: The petitioner is allegedly owner of a residential premises bearing No.6-4-101 situated at Arundelpet, Guntur. As the building was in dilapidated condition, he approached the municipal corporation of Guntur and obtained permission on 05.03.2001 for dismantling the building. He ﬁled applications to the respondents to disconnect power supply duly complying with the requirement of paying dismantling charges and outstanding arrears. In spite of the same, second respondent sent impugned communication dated 02.06.2002 informing that the power supply to service connection Nos.44 and 15731 cannot be dismantled without specific orders from the Courts. The petitioner contends that as per condition 26.5 read with condition 26.7 of the terms and conditions of supply, the respondents are under obligation to dismantle power supply within one month from the date of application. During the pendency of the writ petition, wife of the petitioner ﬁled an application, being W.P.M.P.No.15791 of 2002 and got herself impleaded as party respondent No.4. She filed an affidavit, inter alia, stating that the property in question was purchased with her stridhana, that she is in occupation of the building, that her younger son is running a psychiatry clinic and that having come to know that her husband has developed untoward family conduct and also making eﬀorts to demolish the building, she ﬁled O.S.No.425 of 2002 on the ﬁle of the Court of the III Additional Junior Civil Judge, Guntur, and obtained ad interim injunction in I.A.No.397 of 2002 in said suit. It is further stated that her elder son also ﬁled O.S.No.136 of 2001 on the ﬁle of the Court of the Additional Senior Civil Judge, Guntur, for partition. Both the suits are pending. Therefore, she opposed the dismantling of the electricity to the house in question. Third respondent ﬁled a counter-aﬃdavit on behalf of respondent Nos.1 to 3. He expressed inability to dismantle the power supply in view of the interim orders of the Court of III Additional Junior Civil Judge in O.S.No.425 of 2002 wherein status quo was granted. Learned counsel for the petitioner placing reliance on the allegations submits that ad interim injunction order granted by the Court of III Additional Junior Civil Judge in O.S.No.425 has already been vacated. As the respondents’ objection is only with regard to the order of status quo passed by the civil Court, the petitioner is given liberty to approach the respondents and produce a certiﬁed copy of the order passed by the Court of III Additional Junior Civil Judge vacating the ad interim injunction and seek necessary redressal. As and when the petitioner approaches with proper documents, the respondents may take necessary action in accordance with condition 26.5 read with condition 26.7 of the terms and conditions of supply. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 10th September, 2008 GHN To 1 Divisional Executive Engineer Operation- Distribution, APSPDCL, Red Cross Building, Near Guntur Medical College, Kannavarithota, Guntur. 2 Additional Asst. Engineer Operation- Distribution, APSPDCL, Fuse Call Office, Brodipet, 1st Lane, Guntur. 3 Asst.Accounts Officer, APSPDCL,ERO Pallvi Delux Complex, Guntur. 4 Yalamanchali Prabhavathi W/o.Jagan Mohan Rao R/o.Guntur, Guntur Dist. R4 is impleaded as per Court Order dt.31-12-2002 in WPMP 15791/02. 5 2CD copies Form-NIC-OGS/WP{KMR}