In a writ petition under Article 226 challenging the laying of electricity poles, the High Court disposed of the matter after ascertaining from the respondent that no poles were proposed to be laid in the petitioner's land.
Writ petition disposed of; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE
PRESENT HON’BLE Mr. JUSTICE R.SUBHASH REDDY WRIT PETITION No.25856 of 2003
Between:
Sripath Rao Naik, S/o. Bheem Rao Naik, R/o. 3-6-6 (New), Sriram Mohalla, Zahirabad, Medak District.
... PETITIONER
AND
The Asst. Engineer, A.P. Transco, Zaheerabad, Medak District.
... RESPONDENT
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 in trying to lay the electricity poles across the land bearing Survey No. 253 & 254 of Zaheerabad Village & Mandal, Medak District is arbitrary, violative of Article 14, 21 & 300A of the Constitution of India and consequently direct the Respondent not to lay the electricity poles through my land bearing Survey No. 253 & 254 of Zaheerabad Village & Mandal, Medak District in the interest of justice.
Counsel for the petitioner: Mr. A. Sudershan Reddy
Counsel for the respondent: Mr. O. Manohar Reddy (SC FOR APTRANSCO)
The Court made the following
Order:
The petitioner seeks a Writ of Mandamus declaring the action of the
respondent in taking steps to lay electricity poles across his land situated in Sy.No.253 & 254 of Zaheerabad village and mandal, Medak District as arbitrary and illegal.
Though no counter affidavit is filed, it is submitted by the learned Standing Counsel appearing for the respondent that no electricity poles, as alleged by the petitioner, are proposed to be laid in the land belonging to the petitioner.
In the circumstances, the writ petition is disposed of placing on record the aforesaid submission made by the learned Standing Counsel that no electricity poles are being laid in the land belonging to the petitioner. No order as to costs. _____________________ R. SUBHASH REDDY, J. June 17, 2009 MRR ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ }
1 issue framed by the court
Whether the petition challenging the laying of electricity poles is maintainable.
2 provisions across 1 enactments
Sripath Rao Naik
The Asst. Engineer, A.P. Transco
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
