IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17063 of 1997 Between: Y.Balaraju, S/o. Vithal, Maruthinagar, Khairathabad, Hyderabad. ..... PETITIONER AND 1 The A.P.State Electricity Board Rep.by its Chairman, Vidyut Soudha, Khairtabad, Hyderabad. 2 K.V.Kumar, Kumar Turorials, Krishnanagar, H.No. 8-3-231/A/285, Yousufguda, Hyderabad. .....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 may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent- Board and its officials in not taking proper precautions while laying live high tension electrical lines in close proximity to the building bearing No. 2-119/1, of Suraram village which is resulted in the death of the two daughters of the petitioner is illegal, arbitrary, unconstitutional and is violative of the prescribed rules and direct the respondent-board to pay amount of Rs. 20,00,000/- (Rs. Twenty Lakhs Only) towards compensation to the petitioner for the negligence and dereliction of the duties caused and resulted in death of the daughters of the petitioner. Counsel for the Petitioner:MR.Y.V.RAVI PRASAD Counsel for the Respondent No.: MR.V.AJAY KUMAR (SC FOR AP TRANSCO) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17063 of 1997 ORDER: It is the case of the petitioner that previously he lived in the house bearing No.2-119/1 belonging to one Sri K.V.Kumar of Suraram village by carrying Kirana Shop in the ground floor of the said building, while residing in the first floor. The petitioner stayed there along with his family till August, 1995. The petitioner has three daughters. A.P. State Electricity Board laid a High Tension electrical line closure to the said house, within prohibited distance, without taking any precautionary measures. As High Tension wires are very nearer to the house, he made a representation before the respondent on 13-07-1995 for removal of High Tension electrical line running closure to the building. As no action has been taken, the petitioner decided to shift his residence from the first floor. While shifting furniture from the first floor to the ground floor, two daughters of the petitioner namely Rajitha and Hari Priaya and a neighbour one Srinivas were came into contact with live High Tension electrical lines, which are passing closure to the building, and sustained injuries and ultimately they succumbed to the injuries on 22-08-1995 while undergoing treatment in the Gandhi Medical Hospital, Secunderabad. At the time of death, the age of his two daughters is 11 and 13. As the death of his daughters was occurred due to the negligence of the A.P.State Electricity Board in laying High Tension electrical line closure to the residential building, the petitioner is claiming compensation of Rs.20,00,000/- from the Electricity Board. This court by order, dated 12-03-1999, directed the petitioner to implead the owner of the house as a co-respondent in the writ petition by filing separate petition. Ultimately, the owner of the said house i.e., K.V.Kumar was impleaded as the 2nd respondent in the writ petition and permitted the petitioner to take out notice on the 2nd respondent. As notice could not be taken out on the 2nd respondent, this court by order, dated 22- 09-2004, granted four weeks time for payment of batta and to comply with the office objections, failing which, the writ petition stands dismissed against the 2nd respondent without further reference to the Court. Admittedly, no batta was paid and no notice has been taken out on the 2nd respondent and, therefore, the writ petition stands dismissed against the 2nd respondent. Insofar as the 1st respondent is concerned, a counter is filed stating that the Electricity Board laid 33 KV line from 220 KV, Shapurnagar Sub- Station to 33 KV Dundigal Air Force Sub-Section, thirty years back, when there were no houses at all. While laying the lines, the Electricity Board has taken all precautions, which are required as per rules. When the lines were laid, it was only an agricultural land and the houses were constructed only in the year 1994. It is stated that even the said house has been constructed without obtaining any permission and without following due procedure or law and setbacks. With regard to the incident, it is stated that no complaint or representation was made to the Electricity Board. In the instant case, the petitioner has not filed any copy of FIR and proof of incident that is said to have been taken place, which resulted in the death of his two daughters and a neighbour. Further, no reply has been filed to the counter of the 1st respondent. Therefore, in the absence of any documentary evidence, such as, complaint, FIR and other material establishing negligence on the part of the Electricity Board, it cannot be said that the daughters of the petitioners died due to the negligence of the Electricity Board. In fact, the said controversy cannot be decided in this writ petition. Therefore, the writ petition is devoid of merit and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 28-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JPK}