IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20374 of 2008 Between: 1 Mr. Syed Masood Ali, S/o. Syed Ali, R/o. H.No. 1-7-1039, Azamabad, Ramnagar, Hyderabad. 2 Mrs. Aziza, W/o. Mohd. Jaleel Ahmed, R/o.H.No.1- 7-1039, (portion), Azamabad, Ramnagar, Hyderabad. 3 Syed Wajahath Ali, S/o. Sadath Ali, R/o. H.No. 1-7- 1039, (portion), Azamabad, Ramnagar, Hyderabad. 4 Syed Akbar, S/o. Syed Bhadur, R/o. H.No. 1-7- 1050/50, (portion), Azamabad, Ramnagar, Hyderabad. 5 Md. Ashraf, S/o. Suleman, R/o. H.No. 1-7-1039, (portion), Azamabad, Ramnagar, Hyderabad. 6 Syed Bahadur, S/o. Syed Maqdoom, R/o. H.No. 1-7- 1039, (portion), Azamabad, Ramnagar, Hyderabad. 7 M.G. Kishan, S/o. Yenkaiah, R/o. H.No. 1-7-1039, (portion), Azamabad, Ramnagar, Hyderabad. 8 P. Machandar, S/o. Ratnaiah, R/o. H.No. 1-7-1039, (portion), Azamabad, Ramnagar, Hyderabad. 9 B. Srinivasa Chary, S/o. B. Swamy, R/o. H.No. 1-7- 1039, Azamabad, Ramnagar, Hyderabad. 10 P. Venkateswarlu, S/o. late P. Narayana, R/o. H.No. 1-7-1039, (Portion), Azamabad, Ramnagar, Hyderabad. ..... PETITIONERS AND 1 A.P. Central Power, Distribution Company Limited, Operation, South Circle, Greater, Hyderabad. 2 The Assistant Divisional Engineer (Elec), (OP) Distribution 0 VI, City II APCPDCL, Azamabad Division, Greater Hyderabad. 3 Yeruva Hanumanth Reddy, S/o. Yeruva Ganna Reddy, R/o. H.No. 1-7-1045, Azamabad, Hyderabad. .....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 more particularly in the nature of MANDAMUS declaring the action of the 2nd respondent in disconnecting the power supply to the property bearing No. 1-7-1039, Azamabad, Hyderabad without any intimation or justiﬁcation to the facts and circumstances as being illegal, arbitrary and discriminatory oﬀending Article 14 of the Constitution of India and further to direct the respondents 1 and 2 herein to issue orders to restore the power supply to Service Connection Nos.S1 9883 & F1008524 installed at premises bearing No.1-7-1039, Azamabad, Ramnagar, Hyderabad forthwith. Counsel for the Petitioners: MR.JAVED RAZACK Counsel for the Respondents: MR.O.MANOHER REDDY The Court made the following : ORAL ORDER: This writ petition is ﬁled seeking a declaration that the action of the second respondent in disconnecting the power supply to the house bearing No.1-7-1039, Azamabad, Ramnagar, Hyderabad without any intimation to the petitioner is arbitrary and illegal. I have heard the learned counsel for the petitioners as well as the learned Standing Counsel appearing for respondents 1 and 2 and perused the counter aﬃdavit ﬁled on behalf of respondents 1 and 2. Admittedly, the service connections in question are not released in the name for the petitioners, who claim to be the tenants in respect of the said premises. The petitioners pleaded that pursuant to the eviction notice dated 20.03.2008 issued by one A.W.A. Mohd Arif Ansari and Aziz Khan, they ﬁled O.S.No.2048 of 2008 etc., on the ﬁle of the X Junior Civil Judge, City Civil Court, Hyderabad seeking perpetual injunction, in which an interim order of status quo was granted. That apart, the petitioners also ﬁled R.C.Nos.250 to 252 and 317 of 2008 on the ﬁle of II Additional Rent Controller Judge, City Civil Court, Hyderabad, seeking permission to deposit the rents in the Court. All the said proceedings are pending. On the other hand, the case of the respondents 1 and 2 as pleaded in their counter-aﬃdavit is that none of the petitioners have any right in respect of the property in question and the service connection bearing No.F18524 was issued in the name of one Y.Ganna Reddy and another service connection bearing No.F1-9883 was issued in the name of one Neelakantha Reddy. It is also their speciﬁc case that on an application made by the legal heirs of Y.Ganna Reddy as well as Neelakantha Reddy, who are the registered consumers, requesting for disconnection of power supply to the premises in question, the service connection was disconnected. Having regard to the facts and circumstances of the case and particularly in view of the proceedings pending before the Civil Court between the petitioners and the persons who are claiming title to the property, I am of the opinion that interference by this Court under Article 226 of the Constitution of India is not warranted. If aggrieved, it is for the petitioners to approach the civil Court before which the proceedings are pending, for redressal of their grievance. Accordingly, granting leave and liberty to the petitioners to move appropriate applications before the competent forum, the Writ Petition is disposed of at the admission stage. No costs. ____________ (G. Rohini, J.) 22nd September, 2008 Note: C.C. in 3 days. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 A.P. Central Power, Distribution Company Limited, Operation, South Circle, Greater, Hyderabad. 2 The Assistant Divisional Engineer (Elec), (OP) Distribution 0 VI, City II APCPDCL, Azamabad Division, Greater Hyderabad. 3 Yeruva Hanumanth Reddy, S/o. Yeruva Ganna Reddy, R/o. H.No. 1-7-1045, Azamabad, Hyderabad. 4 2 CD copies.