Disposed

D Narayanamma v. The Assistant Executive Engineer

Andhra Pradesh HC6 Sept 2021WP/17788/2021

Case brief

AI extract

What is this about?

In a writ petition challenging a letter issued by the Assistant Executive Engineer inviting the petitioner to submit documents regarding property ownership after a third-party complaint, the court directed the petitioner to submit a dated representation with relevant documents within two weeks. The court left the petition open for consideration after hearing stakeholders, maintaining an existing i

What did the court decide?

The petitioner was directed to submit a dated representation with relevant documents within two weeks for the authority to consider and act upon expeditiously.

D Narayanamma Vs The Assistant… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2021)

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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.17788 OF 2021

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ORDER:

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Heard Sri Thota Ramakoteswara Rao, learned counsel for the petitioner and Sri Y.Nagi Reddy, learned Standing Counsel for respondents.

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Challenge in the present Writ Petition is to the letter No.AE/O/D1-CPT/F.Doc.Consumer/D.No.902/21, dated 22.07.2021 issued by the Assistant Executive Engineer, Operation, D1 Section, Town-I, Chilakaluripet, Guntur district-1^st respondent herein. Obviously, on the basis of a complaint made by one D.Phaneendra of Chilakaluripet, claiming right over the subject property, 1^st respondent herein initiated the impugned action.

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According to the learned counsel for the petitioner, the said complainant D.Phaneendra has no right or title over the subject property and he is a total stranger to the subject property and the petitioner herein is the owner of the subject property and revenue authorities allotted the subject property to her, and she has been in possession and enjoyment of the subject property without any interruption from anybody. It is his further submission that the respondents herein have absolutely no authority to enquire into the issues raised by a third party.

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It is further submitted by the learned counsel that the authorities are empowered to disconnect power supply under Section 56 of the Electricity Act, 2003 only in case of default in payment of charges.

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On the other hand, it is submitted by the learned Standing Counsel for the respondents that by way of the impugned letter, the petitioner has been asked to submit the papers pertaining to the subject land and the house, and without submitting the said documents, the petitioner herein has come up before this Court by way of the present Writ Petition.

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A perusal of the impugned letter clearly discloses that 1^st respondent herein, evidently, on the basis of a representation dated 17.07.2021 submitted by one D.Phaneendra, issued the impugned letter dated 22.7.2021. According to the petitioner, she is the owner of the subject property and revenue authorities allotted the subject property to her. It is also brought to the notice of this Court by the learned counsel for the petitioner that the petitioner herein already submitted a representation to the respondents enclosing copies of Aadhar Card, house site patta issued by the Tahsildar and a notarized affidavit for perusal of 1^st respondent. A perusal of the representation shows that it is an undated representation. Therefore, this

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court deems it appropriate to dispose of the Writ Petition, leaving it open for the petitioner herein to submit a written dated representation, enclosing copies of all the relevant documents, within a period of two weeks from the date of receipt of a copy of this order, to 1^st respondent herein for consideration of the same and for taking appropriate action by 1^st respondent after hearing all the stakeholders as expeditiously as possible. It is made clear that till a decision is taken in the abovesaid direction, interim order granted by this Court on 19.08.2021 shall continue to operate.

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No order as to costs of the Writ Petition.

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As a sequel, interlocutory applications pending, if

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any, in the Writ Petition shall stand closed.

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__________________ A.V.SESHA SAI, J

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06.09.2021 DRK

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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.17788 OF 2021

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06.09.2021

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DRK

D Narayanamma v. The Assistant Executive Engineer

Case brief

What is this about?

What did the court decide?

D Narayanamma v. The Assistant Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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