IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17187 of 2006 Between: K.V.R. Narasimha Chary, S/.o. Late Krishnama Chary, R/o. H.No.1-2-365/9, Pool Bagh, Domalguda, Hyderabad-500029. ..... PETITIONER AND 1 The Superintending Engineer, (operation), Central Circle, APDCL, Mint Compound, Hyderabad. 2 The Divisional Engineer, (operation), Central Circle, APDCL, Mint Compound, Hyderabad. 3 The Assistant Engineer, (operation), City Circle, APDCL, Indira Park, 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in disconnecting the service connections bearing Nos.F4 008292 and F4 016731 situated in the petitioner's portions i.e; Ground and first Floors in H.No.1-2-365/9, Pool Bagh, Domalguda, Hyderabad as arbitrary, illegal, violative of principles of natural justice and consequently direct the respondents to restore the power supply to the petitioner's portions forthwith and pass such other order orders. Counsel for the Petitioner: MR.T.P.ACHARYA Counsel for the Respondent No.: MR.O.MANOHER REDDY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.17187 of 2006 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents in disconnecting the power supply to service connection bearing Nos.F4 008292 and F4 016731 in respect of the petitioner’s premises bearing H.No.1-2-365/9 of Pool Bagh, Domalguda, Hyderabad is arbitrary and illegal. It is primarily contended by the petitioner that the impugned action of disconnection without putting her on notice of the default or irregularity, if any, and without conducting any enquiry is arbitrary and illegal and in violation of principles of natural justice. This Court by order dated 15-09-2006 in W.P.M.P.No.21528 of 2006 directed restoration of power supply subject to the condition that the entire arrears are cleared and the current consumption charges are paid regularly. It is not disputed before this Court that in compliance with the interim order, the power supply has been restored. In the counter affidavit filed on behalf of the respondents, it is stated that the service connection stand in the name of one Rajalingam, who passed away long back and thereafter his legal heirs failed to clear the outstanding arrears of consumption charges and therefore they were constrained to disconnect the power supply. However, the fact that no notice was issued to the petitioner before disconnecting the power supply has not been disputed. Having regard to the plea of the petitioner that pursuant to the interim order of this Court, the petitioner herein who claims to be the tenant, has cleared the arrears and accordingly the power supply has been restored, no further enquiry is necessary in this writ petition. Accordingly, the writ petition is disposed of leaving it open to the respondents to take appropriate action in accordance with law in case any further arrears are due or any other irregularity is found in respect of the service connections in question. However, before taking any such action, the petitioner shall be given a notice and opportunity of making her representation against the proposed action. Writ petition is accordingly disposed of. No costs. ______________ G. ROHINI, J Date: 15-11-2008 KLP