Telangana High Court
WP/24403/2004 of Hazi Mohd. Vazir, Vs Hyderabad Metropolitana Water Supply AND Sewerage Board, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24403 of 2004 Between: Hazi Mohd. Vazir, S/oMohd. Khaja, Resident of H.No.22-7-589/4,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO.24403 of 2004
Between:
Hazi Mohd. Vazir, S/oMohd. Khaja,
Resident of H.No.22-7-589/4, Miralam Mandi, Hyderabad.
..... PETITIONER
AND
1. HyderabadMetropolitan Water Supply and Sewerage Board, Hyderabad, W.S. & S.M. Division-I rep. by its General Manager (E)
2. The Executive Engineer, Water Supply Division No.I, Hyderabad.
....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue an appropriate Writ, order or direction more particularly one in the nature ofWrit of Mandamus declaring the inaction on the part of the 2[nd] respondent in notconverting the petitioner’s commercial water supply to domestic water supply inspite of and pursuant to the letter written by the petitioner dated 3-9-1990, forinsisting for the payment of water supply bill according to commercial reading asillegal, void, and consequently to direct the respondents to charge water tariffaccording to the domestic supply tariff from 3-9-1990 onwards keeping in view of the responsibility of the municipality after declaring the action of the 1[st] and 2[nd]respondents in refusing to convert the petitioner’s tariff from commercial to domesticas arbitrary, discriminatory and violative of principles of natural justice.
Counsel for the Petitioner: SMT.PUSHPINDER KAUR
Counsel for the Respondents: MS.M.VENKATESWARI
The Court, at the admission stage, made the following :
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ORDER:
Thecase of the petitioner is that prior to 1987 he was running a Poultry Farm andsince it was a commercial business, he was paying tariff towards water charges asper the rates applicable to commercial transaction. The grievance of the petitioner isthat in the year 1987 he wound up the said business and he made representationson 03.09.1990 and on 29.11.2004 before the respondents seeking to convert thewater tariff from commercial to domestic one, but the respondents did not take anyaction in the matter. Hence, he filed the present writ petition.
Heard the learned counsel for petitioner and learned Standing Counsel forrespondents.
Since the representations of the petitioner dated 03.09.1990 and 29.11.2004 aresaid to be pending consideration before the respondents, without going into themerits of the matter, I deem it appropriate to dispose of the writ petition with adirection to the respondents to consider the same and pass appropriate ordersthereon in accordance with law.
With the above direction, the writ petition is disposed of at the stage of admission.No costs.
_________________
Date: 28.12.2004
Nsr/Tvk
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. HyderabadMetropolitan Water Supply and Sewerage Board, Hyderabad, W.S. & S.M. Division-I rep. by its General Manager (E)
2. The Executive Engineer, Water Supply Division No.I, Hyderabad.
3. Two CD copies.