Chippada Surya Prakasarao v. The Superintending Engineer,
WP/22151/2013 · 2026-06-18
Venkateswarlu Nimmagadda
body2013
DailyLaw.ai
[ 2013 DAILYLAW 1380 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2013 DAILYLAW 1380 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010356602013
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22151/2013 Between:
1. CHIPPADA SURYA PRAKASARAO, S/O LATE NARASINGA RAO AGED ABOUT 61 YEARS, HINDU, BUSINESS, R/O DOOR NO. 2-26, NEAR SIVALAYAM,
MELIAPUTTI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND
1. THE SUPERINTENDING ENGINEER, ANDHRA PRADESH EASTERN POWER DISTRIBUTION CORPORATION LIMITED, SRIKAKULAM, SRIKAKULAM DISTRICT. 2. THE DIVISIONAL ENGINEER, ANDHRA PRADESH EASTERN POWER DISTRIBUTION CORPORATION LIMITED, TEKKALI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 3. THE ASSISTANT ENGINEER OPERATION, ANDHRA PRADESH EASTERN POWER DISTRIBUTION CORPORATION LIMITED, MELIAPUTTI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in issuing the disconnect notice to the petitioner for his Service Connection No. 218 of Sri Kanaka Durga Welding Works of Malliaputti village, and Mandal,
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Srikakulam District though the petitioner has paying the regular electricity bills to the respondents which is illegal, arbitrary, unconstitutional and against the Principles of Natural Justice and set aside the same and consequently direct the Respondents to continue the power supply to the petitioner Service Connection No. 218 of Sri Kanaka Durga Welding Works of Malliaputti village, and Mandal, Srikakulam Dsitrict IA NO: 1 OF 2013(WVMP 3124 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim orders passed on dated 26-07-2013 In W.P.M.P.No. 27148 of 2013 W.P.No. 22151 of 2013 IA NO: 2 OF 2013(WPMP 27148 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent not to disconnect the petitioner Service Connection No. 218 of Sri Kanaka Durga Welding Works of Malliaputti village, and Mandal, Srikakulam District pending disposal of the main Writ Petition Counsel for the Petitioner:
1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S):
1. V V SATISH (SC for APEPDCL)
2.
P ANAND SESHU (SC FOR APEPDCL)
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The Court made the following ORAL ORDER:
Heard learned counsel for the writ petitioner and respondents. 2. It is the submission of the learned counsel for the writ petitioner that the respondents had issued a notice in the year 2013 to disconnect the petitioner’s service connection bearing No.218 of Sri Kanaka Durga Welding Works of Malliaputti Village and Mandal, Srikakulam District though he has been paying the electricity charges to the respondents regularly without any due/default, on the ground that the subject land pertains to the Rajakota Samsthan. 3. On the other hand, learned counsel for the Respondents submits that they filed counter-affidavit along with vacate stay petition by contending that they issued notice to the petitioner in the year 2013 alleging that why should not be removed the service connection bearing No.218 in view of the complaint raised by the third party, by stating that the subject property is vested with the Rajakota samsthan, Parlakimidi, Odissa, and not belongs to the Writ Petitioner. She further submits that the main dispute is relating to the ownership of the subject land but not regarding the payment of electricity charges. 4. In reply, learned counsel for the writ petitioner submits that the petitioner had submitted an explanation along with land records i.e., Adangal issued by the Mee Seva dated 20.04.2013 stating that the subject land which is situated within the survey no.342 is classified as ‘Poramboku’, but not the land of Rajakota Samsthan. Learned counsel for the writ petitioner further submits that during pending this writ petition, the service connection of the writ petitioner is not disconnected and the petitioner’s service connection has been continuing without any disturbances in view of the interim order passed by this Court on 27.07.2013. 4
5. It transpires from the record that vide order dated 27.07.2013 in W.P.M.P.No.27148 of 2013, this Court had passed the following interim direction:
“Subject to the petitioner regularly paying the demand charges, there shall be a direction to the APEPDCL not to disconnect power supply to the petitioner’s service connection pending further orders.”
6.
In view of the submissions made by both the counsel, this Court opines that since this Writ Petition is of the year 2013, and the writ petitioner has been paying electricity charges regularly from the date of filing of this writ petition without any due/default, hence this court deems it appropriate to dispose of this writ petition with a direction to the respondents not to disconnect the service connection bearing No.218 in respect of Sri Kanaka Durga Welding Works of Malliaputti Village and Mandal, Srikakulam District belong to the petitioner, without following due process of law. 7. Accordingly, this Writ Petition is disposed of. No order as to costs. 8. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Date: 19.06.2026 MNR
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.22151 OF 2013
Dt: 19.06.2026 Mnr