Dismissed

.Shiv Charan Singh, v. The State of Andhra Pradesh

Andhra Pradesh HC7 Nov 2022WP/19188/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking to quash an interim order directing a power company to supply electricity. Directing the petitioner to implead himself in the pending consumer dispute, the court held that the District Consumer Commission must deal with the matter after hearing all parties.

What did the court decide?

Direction to petitioner to implead himself in pending District Consumer Commission proceedings; no order on costs.

.Shiv Charan Singh, Vs The State of Andhra Pradesh — Consumer Protection | Andhra Pradesh HC (2022)

¶1

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

¶2

AND

¶3

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

¶4

WRIT PETITION NO.19188 OF 2022

¶5

ORDER: ( per the Hon’ble Sri Justice C.Praveen Kumar )

¶6

Heard Sri P. Rama Sharana Sharma, learned counsel for the petitioner and Sri Ch. Praveen, learned counsel, representing Sri Metta Chandra Sekhar, learned standing counsel for APEPDCL appearing for respondent Nos.3 to 5. There is no representation on behalf of other respondents.

¶7

The present Writ Petition came to be filed seeking issuance of a Writ of Mandamus declaring the action of respondent No.2 in entertaining the complaint of respondent Nos.6 and 7 under Consumer Protection Act and then passing interim orders directing respondent Nos.3 to 5 to provide power connection in respect of property in survey Nos.19/24 and 19/25 situated at Balaga Revenue Village, Srikakulam as illegal, improper and without jurisdiction and consequently quash the same.

¶8

The main grievance of the petitioner appears to be that the Consumer Forum has no jurisdiction to give such a direction, more

¶9

¶10

so, when the property in dispute belongs to the petitioner, who was not even made a party to the proceedings.

¶11

The same is opposed by learned counsel for the respondent Nos.3 to 5, contending that since the main dispute is still pending before the District Consumer Commission, the proper course for the petitioner would be to implead himself in the dispute before the District Forum and ventilate his grievance.

¶12

Taking into consideration the fact that the matter is still pending before the District Consumer Commission at Srikakulam vide C.C.No.24 of 2022 and in the absence of interim order being passed by this Court in the present Writ Petition till date, we deem it appropriate to direct the petitioner to implead himself in the dispute before the District Consumer Commission, Srikakulam and ventilate his grievance before the said Forum.

¶13

With the above direction, the Writ Petition is disposed of. It is needless to mention that having regard to the facts and circumstance of the case, in view of the claim made by the petitioner to the property and taking into consideration the implead application to be filed by the petitioner, the District Consumer Commission will deal with the matter in accordance with law, after hearing all the parties and pass orders in

¶14

¶15

accordance with law. There shall be no order as to costs of the Writ Petition.

¶16

Consequently, miscellaneous applications pending, if any in the Writ Petition, shall stand closed.

¶17

_______________________________ JUSTICE C.PRAVEEN KUMAR

¶18

___________________________________ JUSTICE B.V.L.N.CHAKRAVARTHI

Date: 07.11.2022

138

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

¶24

WRIT PETITION NO.19188 OF 2022

¶25

Date : 07.11.2022

¶26

.Shiv Charan Singh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

.Shiv Charan Singh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Somadula Venkatesh at Venkat, E.G.Dist. Vs Thimmapuram P.S.

Chimata Nagaraju, Guntur Dist. Vs P.P., Hyd

Vantaku Koteswara Rao, Visakhapatnam and Ano Vs P.P., Hyd

Chukka Lakshmi Devi, Vs The Special Deputy Collector (L.a.), Telugu Ganga Project

Kadiyam Chiranjeevi, Chimakurthy., Vs State of Ap., Rep Pp.

Guvvala Nadipi Yellaiah, Vs The Special Deputy Collector (L.a.), Telugu Ganga Project