Telangana High Court
WP/21869/2004 of Ch. Maheswarachary, Vs The Hyderabad Metropolitan Water Supply and S.B, on 24 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21869 of 2004 Between: 1 Ch. Maheswarachary, S/o. Late Sattaiah Chary, H.No.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 21869 of 2004
Between:1 Ch. Maheswarachary, S/o. Late Sattaiah Chary, H.No. 12-10-336/17/6/26/3, (TRT No.53) Seethapalmandi,Secunderabad.
2 Smt. Ch. Manjula, W/o. Ch. Maheswarachary, H.No. 12-10-336/17/6/26/3, (TRT No. 53) Seethapalmandi,Secunderabad.
..... PETITIONER(S)
AND
1 The Hyderabad Metropolitan Water Supply and S.B, rep. bya itsManaging Director, With its Office at Kacheguda, Hyd. 2 The General Manager (ENgg) Single Window Cell, the HydM.W.S.and S. B., Khaitabad, Hyd.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to Issue a writ or direction one or more in the nature of writ ofMandamus by directing the Respondents to immedicately restore theWater Connection to H.No.12-10-336/17/6/26/3 (TRT No.53)Seethapalmandi, Secunderabad where the petitioners are staying andpass.
Counsel for the Petitioner:MR.D.MADHAVA RAO
Counsel for the Respondent No.: MR.KALIKI.SUDHAKAR REDDY
The Court made the following :
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 21869 of 2004
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ORDER:
The petitioners state that their premises bearingH.No.12-10-336/17/6/26/3 (TRT No.53), Seethapalmandi,Secunderabad is provided with water supply connection bythe respondents. Their grievance is that the respondentsdisconnected the supply on 22.11.2004, without any noticeand intimation. Several grounds are urged in the writpetition. Ultimately, a direction is sought for restoration of thewater supply.
Learned counsel for the petitioners submits that thewater supply has since been restored after the writ petitionwas filed. It is also complained that though the water supplywas in existence, for the past several years, it was onceagain disconnected on 15.12.2008.
From the facts mentioned above, it becomes clear thatthe cause of action in filing this writ petition does not survive,since supply was restored, during the pendency of the writpetition. In case, the supply was disconnectedsubsequently, the petitioners have to work out their remediesthrough independent proceedings.
Hence, the writ petition is dismissed as infructuous,leaving it open to the petitioners to work out their remediesvis-à-vis the subsequent disconnection of water supply. There shall be no order as to costs.
_________
Note: Issue C.C. in two days.
(B/o)
JSU
// TRUE COPY //
To1.2CCs to2.2CD copies
..... REGISTRAR
SECTION OFFICER
Form-NIC-OGS/WP{JGK}
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
JSU
WRIT PETITION NO : 21869 of 2004
Date: 24.12.2008