THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27240 OF 2010 DATED: 29.09.2011 Between: 1. Smt. Sanapala Yamuna Rani and 4 others. … Petitioners And 1. A.P.E.P.D.C.L. (Andhra Pradesh Eastern Power Distribution Company Limited) rep. by its Chief Managing Director, Near Saraswathi Park, II town area, Visakhapatnam and another. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27240 OF 2010 ORDER: The petitioners herein claim to be the owners of some of the apartments in the building called “Bangaramma Residency” situated at Madhavadhara, Visakhapatnam. The 2nd respondent is a registered association formed by the apartment owners of the said building. According to the petitioners, out of total 32 apartments existing in the building, the 2nd respondent society was formed with only 11 apartment owners excluding the remaining owners of 21 apartments and thus the formation of the society itself is illegal. It is alleged that the 2nd respondent was taking various steps, including alteration of the existing power supply, for the benefit of the said 11 members without taking the consent of the other 21 apartment owners, though they are majority in number. In the circumstances, the petitioners got issued a legal notice dated 28.10.2010 to the respondent No.1 requesting not to grant any permission to the 2nd respondent association either to alter the power supply or to install the transformer without the consent of the petitioners. Alleging that the 1st respondent failed to respond, the present writ petition is filed seeking a declaration that the action of the 1st respondent in not considering the objections raised by the petitioners is arbitrary and illegal. Though no counter-affidavit is filed on behalf of the 1st respondent, the 2nd respondent association filed a counter-affidavit stating that the association is formed with 20 members and that the apartment complex is having power supply through single service connection due to which the flat owners were facing much inconvenience. Therefore the 2nd respondent initiated steps for arranging the power supply to all the flat owners on separate service connections by installing a transformer at the apartment complex and accordingly submitted an application to the 1st respondent. Pursuant thereto, the 2nd respondent was called upon to pay a sum of Rs.1,68,455/- towards service line charges and security deposit and the said amount was paid on 5.10.2010. It is also stated that O.S.No.437 of 2010 filed by one of the flat owners seeking a declaration and injunction against the 2nd respondent association is pending on the file of the Court of the II-Additional Junior Civil Judge, Visakhapatnam. Though status quo was ordered pending the said suit, the association filed CMA No.52 of 2010 in the Court of the II- Addl. District Judge, Visakhapatnam and by order dated 8.10.2010 in I.A.No.244 of 2010, the order of status quo has been suspended. I have heard the learned counsel for both the parties. As could be seen from the pleadings, the whole controversy is with regard to the formation of the 2nd respondent association and its competence to represent all the apartment owners of the building. Apparently the matter involves several disputed questions of fact which cannot be gone into by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India. Moreover the very same question is the subject-matter of a civil suit pending before the competent civil court and by virtue of the order passed by the Court of the II-Addl. District Judge, Visakhapatnam, the status quo that was initially ordered by the trial court is suspended. Hence the 1st respondent cannot be said to have committed any error in proceeding on the basis of the request made by the 2nd respondent association. At any rate, when the competent civil court is seized of the issue in controversy between the parties, the petitioners cannot maintain the writ petition before this Court. Accordingly, the Writ Petition is dismissed. No costs. _____________ G.ROHINI, J. Dt. 29.09.2011 gbs