HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.14745 of 2002 Between: D. Kasim Sab … Petitioner AND The Superintending engineer, A.P. TRANSCO, Kurnool, and 2 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.14745 of 2002 ORDER: This Writ Petition has been filed by the petitioner seeking a Writ of Mandamus to declare the action of the respondents in erecting electric poles and drawing electric lines/wire through and in the middle of his site covering an extent of 5 cents in Survey No.199/A situated at Yemmiganur, Kurnool District, without paying any compensation for the site as illegal and arbitrary and consequently to direct the respondents either to pay the compensation to him or alternatively to remove the high tension electric poles from his site. 2) The petitioner alleged that the site in which the electric poles were erected originally belonged to his maternal uncle and his maternal uncle gifted the said site to him on 28.10.1987 under a registered gift deed. Since then the petitioner is in peaceful possession and enjoyment of the same and he wants to construct a house in the said site. Unless the electric poles are removed, it is not possible to construct the house. Therefore, he sought for the relief as mentioned above. 3) In the counter filed by the third respondent, it is mentioned that 33 KV Double CKT line laid through the area of petitioner’s site in the year 1996. The said lines were laid for the benefit of villagers who are suffering from low voltage problem. The petitioner never protested nor made any representation to the respondents before laying 33 KV line. The petitioner was also one of the beneficiaries on account of laying of the said line. The electric poles were laid to the edge of the petitioner’s land towards roadside. Being aggrieved by the same, the petitioner issued a legal notice to the respondents on 25.10.2001 for removal of the electric poles. It is highly difficult for the respondents to remove the poles, which are erected by incurring heavy expenditure. The question of compensation arises only in case of any damage caused to the standing crop or trees etc. Whereas in the present case, the poles have been erected in the vacant site. According to the Sections 22 and 42 of the Electric Supply Act r/w 10 of the Indian Telegraph Act, the Electricity Board has got ample power to erect poles for the transmission lines for the public purpose on any land belonging to any person without acquiring the same under the provisions of the Land Acquisition Act. Therefore, the learned Standing Counsel for AP TRANSCO appearing on behalf of the respondents requested to dismiss the writ petition. 4) The learned counsel for the petitioner submitted that it is not expressed by the respondents at any time whether it is feasible to shift the poles by collecting necessary charges. Therefore, the petitioner can avail the opportunity of making a representation to the respondents for considering the shifting of poles and if the respondents feels that it is feasible to shift the poles, the petitioner is at liberty to pay necessary charges for shifting and get the poles shifted. 5) Accordingly, the Writ Petition is disposed of and the petitioner is directed to make a representation to the respondents for shifting of the electric poles, which were already erected in his site and on such representation, the respondents shall pass appropriate orders after considering the objections raised by the petitioner and communicate the same to him. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 01.02.2008 Isn