Andhra Pradesh High Court - Amravati
Atc Telecom Infrastructure Pvt. Ltd., vs State Of Andhra Pradesh, on 23 December, 2019
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION No.11772 of 2019
ORDER:-
The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 6 particularly the 5th respondent in disconnecting power supply to the Cell Tower erected in land admeasuring Ac.0.11 ½ cents in Survey No.366-1C in Chinnapavani Village, Lingasamudram Mandal of Prakasam District as illegal, irregular, irrational, without any authority of law, violative of principles of natural justice, provisions of the Electricity Act, 2003, rules and regulations framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to restore power supply to the petitioner's cellular tower forthwith."
2. Heard the learned counsel appearing for the petitioner, learned Government Pleader for Energy appearing for respondent No.1 and Sri Y.Nagi Reddy, learned Standing Counsel appearing for respondent Nos.2 to 6.
3. Though various grounds are raised, the main ground canvassed by the learned counsel for the petitioner is that the respondents, without issuing any notice to the petitioner as to when they intend to disconnect the power supply to the cell tower, arbitrarily disconnected the power supply to the cell tower. 2
4. Since the action came to be initiated without following the due process of law, this Court granted interim direction. Today, when the matter is taken up for hearing, learned Standing Counsel would submit that in view of the representations received from the villagers, the respondents have disconnected the power supply to the cell tower.
5. It is not the case of the respondents that the petitioner has illegally obtained power connection. Because representations were received from the villagers, the authorities should not have disconnected the power supply to the cell tower. It may be true that erection of a cell tower at the subject land is unwarranted but any action to be initiated shall only be in accordance with the procedure established by law or at least by giving a notice to the petitioner. It is stated that the power connection has been restored and any further action would be taken only in accordance with law.
6. Recording the said submission, the Writ Petition is disposed of directing the respondent authorities to follow the due process of law in case they intend to disconnect the power supply to the cell tower of the petitioner. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR Date : 23.12.2019 AMD 3 THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.11772 of 2019 Date : 23.12.2019 AMD