HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10954 of 2011 Date: 07.12.2011 Between: K.Jangam Reddy and 12 others. ..... Petitioner And: The Superintending Engineer (Operation), APCPDCL, Ananthapur and another. .....Respondents Counsel for the Petitioners: Sri N.Aswatha Narayana Counsel for the Respondents: Sri O.Manoher Reddy Standing Counsel for APCPDCL The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to set aside memo No.SE/O/ATP/Tech/F/D.No.5227/09, dated 16.02.2010, of respondent No.1, whereby he has cancelled his earlier estimate made for replacement of 16 numbers burnt motors and starters allegedly damaged when the existing 6.3KV line jumper touched the existing LT 3-phase line near Gollavandlapalli Village, Tanakal Mandal, Ananthapur District. The petitioners are agriculturists whose motors and starters were burnt. Respondent No.2 who evidently enquired into the cause for the said incident, submitted his report vide letter, dated 10.02.2009, to the Divisional Engineer, Operation, Kadiri. Respondent No.2 in his report has opined that the installation of AB Cable jumper got damaged and the same came into contact with L.T. line supplying electricity to the agricultural connections of the petitioners and some others, resulting in high voltage and burning of motors and starters. Obviously, on the said report, respondent No.1 has prepared his estimate on 09.10.2009 for replacement of 16 numbers burnt motors and starters. Subsequently, respondent No.1 on realising that he has no such power, has issued the impugned memo cancelling his earlier assessment. In the affidavit, filed in support of the Writ Petition, the petitioners have pleaded that respondent No.1 has promised to pay the loss sustained by them and that, having sanctioned the estimate for replacement of the burnt motors and starters, he is not justified in cancelling his earlier assessment. In the counter-affidavit filed by respondent No.2, it is inter alia stated that the earlier estimate was cancelled by respondent No.1 as there is no provision for sanctioning the amount for burnt motors and starters. It is not the pleaded case of the petitioners that the sanctioned amount was communicated to them. The petitioners failed to place any evidence in support of their plea of the purported promise of respondent No.1 to bear the expenditure for repairing/replacement of the burnt motors and starters. Unless respondent No.1 has communicated his estimate and made an unequivocal promise for replacement, no legal right would accrue to the petitioners to question the action of respondent No.1 in cancelling his earlier estimate. As noted above, it is the specific case of the respondents that there is no provision for making such estimate and reimbursement of loss by the respondents on their own. The petitioners failed to place reliance on any provision of law or regulation or the terms and conditions subject to which the supply is being made, empowering respondent No.1 to make such estimate for reimbursement of loss. If a consumer suffers loss on account of negligence on the part of the supplier, he can claim compensation for the damage he has suffered by invoking the common law remedies. Respondent No.1 acting in his official capacity appeared to have realised that in the absence of any provision, his earlier attempt to quantify the alleged damages in order to help the consumers to repair/replace the motors/starters is not permissible in law. As such, I do not find any illegality in the action of respondent No.1 in cancelling his earlier estimate. By such an action, none of the legal rights of the petitioners are affected. If the petitioners are convinced that their motors and starters were burnt due to the negligence of the respondents, they can by all means avail the common law remedies for claiming damages. Subject to the said liberty to the petitioners, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.13448 of 2011 filed by the petitioners for interim relief is dismissed as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 07th December 2011 DR