THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.21758 of 2004 Dated: 13-09-2006 Between: Sri Durgamalleswara Devasthanam Private Trust Durgapuram, Vijayawada. ..... PETITIONER AND The Southern Power Distribution Company of A.P. Ltd., rep. by its Superintending Engineer Operation Circle, Vijayawada, and others. .....RESPONDENTS THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION NO.21758 of 2004 ORDER: Sri Durgamalleswara Devasthanam Private Trust, Durgapuram, Vijayawada, (hereinafter called, the Trust) is the petitioner. The Trust statedly owns large number of properties in Vijayawada, one such being premises bearing Door No.26-2-52. It is alleged that respondent Nos.3 and 4 and some others have encroached upon the said property, raised constructions and shifted the power connections given by respondent Nos.1 and 2 from elsewhere to the encroached premises. With a request to remove/disconnect such power connections, the Trust addressed letter dated 13-06-2003 through its lawyer. In response thereto, respondent No.1 sent communication dated 23-06-2003 informing that as long as the consumer continues to pay current consumption charges, service connection cannot be disconnected. Aggrieved by the same, the Trust filed the instant writ petition seeking a direction to the official respondents to initiate appropriate proceedings on the complaint made by it. Initially the writ petition was disposed of by this Court on 26-11-2004 directing the official respondents to ensure that no meter, other than the one, which is meant for supply to the premises belonging to the Trust is fitted or continued in the premises. Respondent Nos. 3 and 4 then filed writ appeals, being W.A.Nos.2080 and 2081 of 2004. For the reason that respondent Nos.3 and 4 were not parties to the writ petition, a Division Bench of this Court by common judgment dated 21-12-2004, allowed the appeals setting aside the order of the learned Single Judge dated 26-11-2004 and remanded the matter. That is how the matter has come up before this Court. Heard the learned counsel for the Trust and the learned standing counsel for A.P.TRANSCO. Sri G.V. Raghava Reddy, learned standing counsel representing respondent Nos.1 and 2, submits that unless and until appropriate enquiry is conducted into the allegations made by the Trust about the illegal connections on the premises, no coercive action can be taken against respondent Nos.3 and 4 and others. This Court finds force in the submission. Instead of keeping the matter pending, the writ petition is disposed of directing respondent No.2 to conduct enquiry in the presence of the Trust and those persons, who allegedly encroached upon the premises of the Trust, after issuing notice to them and take appropriate action in the matter. This exercise may be completed within a period of three months from the date of receipt of a copy of this order. No costs. _____________ (V.V.S.RAO, J) 13th September, 2006 ghn