IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE SECOND DAY OF JULY, TWO THOUSAND NINE ONLY WRIT PETITION No.3067 of 2006 Between: Sri Balaji Nagar (Residents’ Association), Rep., by the President, Kuncham Radhakrishnaiah, MF Road, Hindupur, Anantapur district. … Petitioner And The Divisional Electrical Engineer (Operation), A.P. Transco, Hindupur, Anantapur District & another. … Respondents Counsel for the petitioner : Sri R.V. Nagabhushana Rao Counsel for the respondents: Sri O. Manohar Reddy SC for AP Transco This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 3067 of 2006 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. The petitioner is an association of Balaji Nagar residents of Hindupur, Anantapur District. Their grievance is that though the respondents have collected money from them for shifting 11 KV Modha feeder (for short, “the feeder”) from Shantinagar to a different place, they have not executed the work. In the counter-affidavit filed by respondent No.2, it is inter alia stated that as the land, over which the feeder was laid 40 years back, was converted into plots and the petitioner association approached the respondents for shifting of the said feeder, an estimate was prepared for shifting and the petitioner association paid Rs.49,910/- through demand draft on 09.09.2002. It is further stated that when the respondents were about to execute the work, some of the local residents of the same colony, belonging to the petitioner association, raised objections and threatened to go on dharna, if the existing line is shifted. A representation on 15.09.2004 was stated to have been given by them requesting not to shift the line. According to the respondents, in view of the said resistance, they could not shift the feeder. In the reply affidavit, the President of the petitioner association denied any such resistance by the local residents and also the allegation that representation dated 15.09.2004 was given by them opposing shifting of the line. The petitioner asserted that all its members made a concerted effort to get the power line shifted and that to avoid the execution of the work at the behest of certain forces acting against their colony, the respondents have not been shifting the line. As the respondents have expressed their readiness and willingness to shift the feeder, existence of which is obviously harmful to the residents of the petitioner’s colony, it is desirable that the electrical line is shifted. The respondents have not indicated as to who the persons that opposed the shifting are and whether they have such right to oppose the shifting of the line. The respondents are bound to ascertain the reasons for and the right of the objectors to oppose such shifting. If there is no legitimacy in the objections of the objectors in the shifting of the line, the respondents are bound to take the help of the police to shift the line. For the abovementioned reasons, the writ petition is allowed. The respondents are directed to initiate immediate action for shifting the line by taking police aid in the event of there being any unlawful resistance from the third parties. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.3785 of 2006 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 02.07.2009 ES