IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT APPEAL NO :109 of 1999 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/02/2008 in WP NO : 1103 OF 2008 on the file of the High Court.) Between: Bhaskara Housing (P) Ltd., Hyderabad, rep by its Managing Director, J.Arjuna Reddy. ..... APPELLANT AND 1 A.P. State Electricity Board, Vidyut Soudha, Khairatabad, Hyderabad rep by its Member Secretary. 2 The Executive Engineer, A.P. State Electricity Board, Transmission Lines Construction Division, Somajiguda, Hyderabad. .....RESPONDENTS Counsel for the Appellant:B.Mahender Reddy Counsel for the Respondent No.:Mr.K.N.Jwala Mr.M.Sriramulu Reddy. Mr.R.Raghunandan The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT APPEAL NO :109 of 1999 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by an order, dated 3.11.1998 passed by the learned Single Judge in W.P.No.24348 of 1998. The appellant herein is the writ petitioner. The above writ petition was filed seeking to declare the action of the respondents in encroaching upon the property of the petitioner and laying over head lines for transmission of electrical energy and putting up towers for support of these lines as arbitrary and to direct the respondents to consider for realignment of electrical supply lines. The learned single Judge having observed that in the normal course, the Court would have called upon the Board to consider the request of the petitioner for realignment of the electrical supply lines, but in the counter, it is stated that there is no alternative to lay the transmission line except in the present alignment due to various physical, topographical conditions at the site such as electrified railway track, big irrigation tank, 400 K.V. line etc. and that the line in question is of the length of 82 kilometers and more and any interference at this stage will be prejudicial to the public interest and affect public utility service, dismissed the writ petition. Having aggrieved by the same, the writ petitioner in the writ petition has preferred the present writ appeal. Heard the learned Counsel and perused the material available on record. A perusal of the counter itself goes to show that that there is no alternative to lay the transmission line except in the present alignment due to various physical, topographical conditions at the site viz., electrified railway track, big irrigation tank, 400 k.v. line etc. Apart from that, the line in question is of the length of 82 kilometers and more. The contents in the counter have not been controverted by the writ petitioner by way of filing a reply affidavit. In this background of the matter coupled with the public interest as well as the public utility and the lengthy line of 82 kilometers and in the absence of any alternative, We feel that the learned single Judge is justified in rejecting the claim of the writ petitioner. Hence, this writ appeal is devoid of merits and as such, the same is liable to be dismissed. Accordingly, this writ appeal is dismissed. No costs. _________________________ Justice T. Meena Kumari _______________________ Justice S.Ashok Kumar Date: 16th April, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT APPEAL NO : 109 of 1999 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 16.4.2008