Telangana High Court
WP/34599/2011 of Usha Gupta Vs The General Manager (E) O AND M, on 29 December 2011
SRI JUSTICE K.C.BHANU WRIT PETITION NO.34599 OF 2011 O R D E R: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.2 and his subordinates in high handedly threatening the petitioners and their children for forthwith disconnection of water and
THE HON'BLE SRI JUSTICE K.C.BHANU
WRIT PETITION NO.34599 OF 2011
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O R D E R:
This writ petition is filed seeking to issue a writ of Mandamusdeclaring the action of respondent No.2 and his subordinates in highhandedly threatening the petitioners and their children for forthwithdisconnection of water and sewerage connection sanctioned in favourof petitioner No.2 on 23.04.2011 to the premises bearing H.No.21-7-816 to 818 admeasuring 345 Sq.Yards situated at GhansiBazar, Hyderabad by respondent No.1 without any notice oropportunity as illegal and arbitrary.
2. It is stated in the affidavit filed in support of the writ petition thatthe petitioners are the absolute owners of the aforementioned building,which was constructed after obtaining approval of the house plan. Thepetitioners made an application to respondent No.1 for sanction ofwater and sewerage connection to the said premises. RespondentNo.1 vide proceedings, dated 23.04.2011, was pleased to issue aletter of intimation to the petitioners for payment of Rs.1,79,300/-towards connection charges to be paid on or before 23.05.2011 andthat their request for sanction of 20 mm water supply connectionand corresponding sewerage connection to their premises was underconsideration and a connection may be released if the water supplymain is within 35mts. Petitioners paid the said amount and alsoRs.1,000/- towards processing fee and water supply connection hasbeen released to the premises and since then, there has beenuninterrupted and continuous water supply to their premises. Thepetitioners have been paying the water supply connection duespromptly. While so, on 26.12.2011, the subordinates of respondentNo.2 visited the premises and threatened the petitioners that the watersupply connection would be disconnected. Hence, the present writ petition.
3. Learned counsel for the petitioners stated that after taking therequired fee, the municipal tap connection was given to the house ofthe petitioners; that the petitioners are paying the water and seweragecharges regularly to the respondents and hence, they have no right todisconnect the water and sewerage connection to the house of thepetitioners and therefore, prays to issue a direction to the respondentsnot to disconnect the water and sewerage connection to the house ofthe petitioners.
4. On the other hand, learned Standing Counsel appearing forrespondents contended that there is no such threat of disconnection ofwater and sewerage connection so long as the petitioners are payingwater and sewerage bills, as demanded by the respondents.
5. Recording the said submission, when there is no threat ofdisconnection of water and sewerage charges to the house of thepetitioners from the respondents, no orders are required to be passed.
6. Accordingly, the Writ Petition is closed. No costs.
29[th] December, 2011.Note:- Furnish CC within two days. B/o AMD
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K.C.BHANU, J
THE HON'BLE SRI JUSTICE K.C.BHANU
AMD
WRIT PETITION NO.34599 OF 2011
Date:29.12.2011