The High Court quashed orders preventing electricity connection to the petitioner's bore well, holding that such proceedings were based on an earlier order already set aside by this Court in a previous writ petition.
The impugned proceedings dated 12.07.2004 were set aside and the writ petition was allowed.
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HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 12803 of 2004
Date: 09.12.2011
Between: Jasthi Lakshmanna, Ananthapur District. And The Mandala Revenue Officer, Ananthapur District and another.
… Petitioner
… Respondents
HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 12803 of 2004
O R D E R :
The petitioner herein claims title and possession in respect of Ac.11.10 cents of agricultural land situated in Sy.No.125 of Apparascheruvu, Bathalapalli Mandal, Ananthapur District.
On a complaint made by one Y.Ramaiah, the 1st respondent passed an order dated 27.06.2004 alleging that the petitioner had dug a bore well in his land at a distance of 10 meters to the bore well of the complainant and directing the petitioner not to draw water from the said bore well. Challenging the said order, dated 27.06.2004, the petitioner filed W.P.No.11424 of 2004 and this Court by order dated 06.07.2004 granted interim stay of all further proceedings. Despite the same, the 1st respondent by letter dated 12.07.2004 directed the 2nd respondent-Assistant Engineer, Operation not to give electricity connection to the bore well of the writ petitioner. Aggrieved by the said action of the 1st respondent, the present writ petition is filed. This Court, by order dated 22.07.2004 granted interim directions and the same was made absolute on 24.10.2007.
When the matter is taken up for consideration, it is brought to my notice that W.P.No.11424 of 2004 was disposed of by this Court by order dated 07.10.2004 setting aside the 1st respondent’s order dated 27.6.2004, however, granting liberty to issue notice and pass appropriate orders after considering the explanation of the petitioner.
Admittedly, the proceedings dated 12.07.2004 which are impugned in this writ petition were issued consequent to the order dated 27.06.2004 which was already set aside by this Court in W.P.No.11424 of 2004. Hence the impugned proceedings are also liable to be set aside. Accordingly, the writ petition is allowed. No costs.
G. ROHINI, J
Date: 09.12.2011 KLP
1 issue framed by the court
Whether the impugned proceedings issuing of electricity connection under orders already set aside in a prior writ petition are liable to be quashed.
Jasthi Lakshmanna
The Mandala Revenue Officer, Ananthapur District
Assistant Engineer, Operation
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
