IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17526 of 2009 Between: 1.Mandapati Prabakararao, S/o Satyanarayana and 2 others. …PETITIONERS AND 1.The Additional Deputy Executive Engineer, Electrical Operations, Jangareddigudem, West Godavari District and 2 others ..RESPONDENTS THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17526 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents 1 and 2 in making attempts to give new electricity service connection to the rig bore of the 3rd respondent as the said rig bore is within 30 meters from the rig bore of the petitioners in an extent of Ac.2.68 cents in R.S.No.51/5 at Akkampet village and also allowing the 3rd respondent to use the rig bore well in his land, as illegal and arbitrary and consequently sought for a direction to respondents 1 and 2 not to grant permission to new electricity service connection to the rig bore of the 3rd respondent. The petitioners are the absolute owners of an extent of Ac.2.68 cents in R.S.No.51/5 situated at Akkampet village and that the land of the 3rd respondent is also situated in the same survey number. When the 3rd respondent is making attempts to dig a rig bore in his land within 30 meters from their rig bore, the petitioners objected the action of the 3rd respondent and made a petition to respondents 1 and 2 requesting them not to grant new electricity service connection to the rig bore well of the 3rd respondent. Since no action was taken thereon, the petitioners approached this Court and filed the present writ petition. Heard both sides. The fact as to whether the area where the rig bore is to be dug by the 3rd respondent is within 30 meters radius from the rig bore of the petitioners or not is a question of fact which has to be gone into by respondents 1 and 2. Now that the petition filed by the petitioners is pending before the respondents 1 and 2, this Court is of the view that this writ petition can be disposed of without going into the merits of the case. The writ petition is accordingly disposed of with a direction to respondents 1 and 2 to consider the petition dated 09.07.2009 filed by the petitioners and pass necessary orders thereon, as expeditiously as possible, after affording an opportunity of hearing to both parties. No order as to costs. ________________________ (GOPALA KRISHNA TAMADA, J) 24-08-2009 Gsn.