IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22481 of 2008 Between: ..... PETITIONER AND 1 The Superintending Engineer, A.P.Transco, Mint Compund, Hyderabad. 2 The Assistant Engineer, A.P.Transco, Tandur, Mr. Tandur, Ranga Reddy District. .....RESPONDENT(S) 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, order or direction, more particularly a writ of Mandamus declaring the inaction of the respondents in not providing electric supply connection to the land of petitioner society i.e. Ambedkar Quarry Labour contract Co-operative Society Limited, Ogipur Village, Mr. Tandur, R.R.District of an area of 4-00 acres in Sy.No. 129 of OPgipur by installing a meter to enable the petitioner society to operate and to extract lime stone in the said land of 4-00 acres in Sy.No. 129 of ogipur village, Mr. Tandur, R.r.District is illegal, arbitrary and colourable exercise of power and contrary to the provisions of the Electricity Act, 2003 and pass such other order or orders. Counsel for the Petitioner : MR. P.V.NARAYANA RAO Counsel for the Respondents : O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.22481 OF 2008 ORDER : The petitioner is a Quarry Labour Contract Co-operative Society. It is stated that the petitioner society was granted a quarry lease in respect of diﬀerent extents of land situated in Sy.No.129 of Ogipur Village, Tandur Mandal, Rangareddy District which is valid upto 25.04.2017 by the Department of Mines & Geology. Pursuant thereto, the petitioner society made an application on 11.7.2008 requesting the respondents herein to give supply of electricity to the leased area so as to enable them to proceed with the quarry operations. It is also stated that the requisite deposits as well as the charges for establishment of transformer have been paid by the petitioner. Alleging that in spite of the same, the respondents failed to provide the power supply, the present writ petition is filed. On behalf of the respondents, Assistant Divisional Engineer (Operations), APCPDCL ﬁled a counter-aﬃdavit stating that there is a dispute with regard to the demarcation of the land leased out to the petitioner society and W.P.No.15553 of 2008 ﬁled by one Mohammed Ibrahim is pending in this Court. It is also stated that O.S.No.49 of 2008 ﬁled by the said Mohd. Ibrahim is also pending in the Court of the Junior Civil Judge, Tandoor in which an order of status quo is in operation. I have heard the learned counsel for both the parties and perused the material on record. As noticed above, there is no dispute about the fact that the petitioner society made an application long back in the month of July, 2008 making all the necessary deposits for grant of supply of electricity to the land leased out in its favour. Nothing could be placed before this Court to show that there is any order by any competent Court of law restraining the respondents from providing power supply. Even the interim order of status quo passed in O.S.No.49 of 2008 appears to be only with regard to possession of the suit schedule land. In the circumstances, the respondents are bound to consider the application of the petitioner in accordance with Sections 43 & 44 of the Electricity Act, 2003. Accordingly, the Writ Petition is disposed of with a direction to the respondents to consider the request of the petitioner society dated 11.7.2008 in accordance with law and provide supply of electricity, if they are otherwise eligible for the same, within a period of one week from the date of receipt of this order. Even if the petitioner society is not entitled for grant of electricity supply, for any reason, the respondents shall communicate such reasons to the petitioner within the period specified above. No costs. ______________ G. ROHINI, J. Dt. 04.11.2008 gbs Note:- CC in 2 days. (B/o) gbs