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 EIGHTEENTH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.27854 of 2008 Between: D.Ashok Kumar. … Petitioner And The Central Power Distribution Co. Ltd., Hyderabad, and two others. . … Respondents Counsel for the petitioner: Sri V.Venkata Mayur. Counsel for the respondents: Sri Sri O.Manohar Reddy. This Court made the following: ORDER:- Feeling aggrieved by the purported inaction of the respondents in shifting the electric meter from the premises bearing No.5-8-327 to 5-8-327/B of Public Garden Road, Nampally, Hyderabad, the petitioner filed the present Writ Petition. The premises bearing No.5-8-327 admeasuring 663 Sq.yards was partitioned into two portions in pursuance of the judgment and decree, dated 1-8-1989, in O.S.No.119 of 1984 on the file of the II Additional Judge, City Civil Court, Hyderabad. It is the case of the petitioner that the two portions, after partition, were assessed as House Nos.5-8-327 and 5-8-327/B. The petitioner claimed to have purchased the premises bearing No.5-8-327/B and the Greater Hyderabad Municipal Corporation in its proceedings dated 18-9- 2008 transferred the said property in his name. The petitioner appeared to have approached the respondents for shifting of the meter bearing S.C.No.E- 1002978 to the portion purchased by him. As there was resistance from the person, who was in occupation of the said portion, the petitioner approached the respondents for transferring the meter in his name. It is not in dispute that the petitioner’s request for transfer of the meter has been accepted and, accordingly, the service connection was transferred in his name. In this Writ Petition the grievance of the petitioner is that even after the transfer has been made, his request for shifting of the meter was not considered. In the counter-affidavit filed by the Assistant Engineer, APCPDCL, Nampally, it is, inter alia, stated that the petitioner’s initial request for transfer of meter, made on 5-8-2008, was attended to and when the lineman went to the premises for shifting of the meter, he found a hotel run therein in the name and style of “Hot Spot” and that the person in occupation of the said premises objected to shifting of the meter. In view of the strong resistance shown by the person in occupation of the premises and verbal duel in between him and the petitioner, the lineman could not shift the meter. It is further stated that thereafter the service connection, which originally stood in the name of Vallabh Bhushan was transferred in favour of the petitioner on his application. Thereafter, the petitioner made further applications on 28-11-2008 and 4-12-2008 for shifting of the meter from the said premises. It is further averred that the petitioner has not paid necessary charges for shifting of the meter and that as there is a dispute between the petitioner and the person in possession of the property, who produced a copy of the judgment of the civil Court in the suit filed by the brother of the petitioner, which was dismissed, the meter could not be shifted. From the facts noted above, it is clear that the service connection stands in the name of the petitioner. Therefore, he is legally entitled to demand shifting of the meter relating to the said service connection to the portion of the premises belonging to him. Mere dismissal of the suit said to have been filed by the brother of the petitioner against the occupant of the portion, where the meter is installed, could not preclude either the petitioner from seeking shifting of the meter or the respondents from shifting the meter. The respondents are, therefore, under an obligation to shift the meter provided the petitioner pays the necessary charges for the same. If the person in occupation of the premises physically resists, the respondents shall requisition Police help and exercise their power to shift the meter to the premises of the petitioner. The Writ Petition is accordingly disposed of with the direction to the respondents to shift the meter standing in the name of the petitioner to premises bearing No.5-8-327/B within a period of four weeks from the date of receipt of a copy of this order, subject to the petitioner paying all required charges as envisaged under the terms and conditions of respondent No.1. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:18-6-2009 MNR