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2013 DAILYLAW 1383 (AP)

M/s Ratnam Cloth Showroom v. Rep. by its Superintending Engineer

WP/15201/2013 · 2026-06-16

Venkateswarlu Nimmagadda

body2013

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010616632013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15201/2013 Between: 1. M/S RATNAM CLOTH SHOWROOM, RASTRAPATHI ROAD, MAINROAD TANUKU, WEST GODAVARI DISTRICT REP BY ITS MANAGING PARTNER NOOLI SATYANARAYANA MURTY ...PETITIONER AND 1. REP BY ITS SUPERINTENDING ENGINEER, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD., OPERATION CIRCLE, ELURU, WEST GODAVARI DISTRICT 2. REP BY ITS ASST DIVISIONAL ENGINEER, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD., OPERATION CIRCLE, TANUKU, WEST GODAVARI DISTRICT 3. REP BY ITS ASST ACCOUNTS OFFICER, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD., OPERATION CIRCLE, TANUKU, WEST GODAVARI 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 proposing to disconnect the power supply to the service connection Nos 1365 & 8343, Ratnams cloth show room, Main road, Tanuku town, west Godavari District 2 pursuant to the notice dt 16-03-2013 issued by the 3rd respondent and issuance of billing under HT category as illegal, arbitrary and violative principles of natural Justice and contrary to their procedure to club the service connections and set aside the same, consequently directing the respondent not to disconnect the power supply to the said services and issue bills as usual IA NO: 1 OF 2013(WVMP 2959 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 vacate the Interim Orders passed on 29-05-2013 in W.P.M.P.No. 18397 of 2013 in W.P NO 15201 of 2013 and pass IA NO: 2 OF 2013(WPMP 18397 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 respondent not to disconnect the power supply to the service connection Nos 1365 & 8343, Ratnams cloth show room, Main road, Tanuku town, west Godavari District pursuant to the notice dt 16-03-2013 issued by the 3rd respondent pending disposal of the writ petition Counsel for the Petitioner: 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. P ANAND SESHU (SC FOR APEPDCL) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15201/2013 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to disconnect the power supply to the service connection Nos.1365 & 8343, Ratnams cloth show room, Main road, Tanuku town, west Godavari District pursuant to the notice dt.16-03-2013 issued by the 3rd respondent and issuance of billing under HT category as illegal, arbitrary and violative principles of natural Justice and contrary to their procedure to club the service connections and set aside the same, consequently directing the respondent not to disconnect the power supply to the said services and issue bills as usual and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the respondents are proposing for disconnection of the power supply to the service connection Nos.1365 and 8343, Ratnams cloth show room, Main road, Tanuku town, West Godavari District, pursuant to the notice dated 16.03.2013 issued by the respondent No.3 claiming dues towards electricity charges under HT category. While so, this Court passed an interim order on 29.05.2013 directing the respondents not to disconnect the power supply to the service connection of the petitioner’s showroom subject to payment of Rs.1,25,000/- which was 50% of the demanded amount pursuant to the notice dated 16.03.2013. Pursuant 4 to the interim direction of this Court, the power supply of the petitioner has not been discontinued. 4. Learned Standing Counsel for the respondents submits that pending the Writ Petition, the petitioner make good and paid entire electricity charges as demanded by the respondents vide notice dated 16.03.2013. Therefore, the power supply to the service connection of the petitioner has been continued without any disconnection. The same was also reiterated at the vacate petition filed by the respondents. 5. Considering the submissions made by both the learned counsel, it is observed that the proposed and alleged electricity disconnection in respect of the petitioner’s shop did not happen, in view of the interim order and its compliance in all respects and after payment of due amount pursuant to the notice dated 16.03.2013. Upon such payment of the due amount by the petitioner, the electricity connection of the petitioner has been continuing without any disconnection. It is made clear that as long as the petitioner paying the demanded electricity charges with regard to the service connection Nos. 1365 and 8343, Ratnams cloth show room, Main road, Tanuku town, West Godavari District, the respondents are directed not to disconnect the electricity service connection of the petitioner. 6. Accordingly, the Writ Petition is disposed of. No costs. 5 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:17.06.2026 BSP 6 20 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15201/2013 Date:17.06.2026 BSP