T.V.R.K. MOHAN, KRISHNA DIST & 31 OTHERS v. PRL SECY, MINISTRY OF ENERGY, DEPT OF POWER, NEW DELHI &13OT
WP/15005/2015 · 2025-09-07
Sumathi Jagadam
body2025
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[ 2025 DAILYLAW 13954 (AP) · dailylaw.ai ]
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[ 2025 DAILYLAW 13954 (AP) · dailylaw.ai ]
Judgment text
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APHC010169562015
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
3459
PRESENT
THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM
WRIT PETITION No.15005 OF 2015
Between:
1. T.V.R.K. MOHAN, KRISHNA DIST & 31 OTHERS, S/O SATYANARAYANA RAO, INDIAN, AGED ABOUT 45 YEARS, OCC: CULTIVATION, R/O 4-5, RAMALAYAM ST; EAST IBRAHIMPATNAM, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 2. T. SATYANARAYANA RAO, S/O VENKATA KRISHNAIAH, INDIAN, AGED ABOUT 69 YEARS, OCC: CULTIVATION, RAMALAYAM ST, EAST IBRAHIMPATNAM, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 3. T. KANNA SURESH, S/O SATYANARAYANA RAO, INDIAN, AGED ABOTIT 40 YEARS, OCC: CULTIVATION, R/O 4-5, RAMALAYAM ST, EAST IBRAHIMPATNAM, IBRAHIMPATNAM MATIDAL, KRISHNA DISTRICT. 4. K.M. TEJA, S/O RAMAKRISHNA, INDIAN, AGED 24 YEARS, OCC: PRIVATE JOB, R/O 4-5, RAMALAYAM ST, EAST IBRAHIMPATNAM, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 5. P. VENKATA LAKSHMI APARNA, W/O P.V. SURESH, C/O JUVVA SESHAGIRI RAO, INDIAN, AGED 42 YEARS, OCC: HOUSEWIFE, RIO TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA.DISTRICT. 6. N. BALA SARASWATHI, W/O LATE NARASIMHA RAO, INDIAN, AGED 78 YEARS, OCC: HOUSEWIFE, D.NO. 6- 111, MULAPADU VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 7. GUMMADI ANNAPURNAMMA, W/O LATE G. SUBBA RAO, INDIAN, AGED 65 YEARS, OCC: HOUSEWIFE, R/O
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2 TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 8. GUMMADI DHANALAKSHMI, W/O G. SHYAM PRASAD, INDIAN, AGED 54 YEARS, OCC: HOUSEWIFE, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 9. N. TIRUPATHAMMA, W/O SIVARAMA PRASAD, INDIAN, AGED 51 YEARS, OCC: HOUSEWIFE, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 10. GUMMADI NAGENDRAMMA, W/O LATE JAYARAMA RAO, INDIAN, AGED 53 YEARS, OCC: HOUSEWIFE, R/O 4-6, EAST IBRHHIMPATNAM, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 11. GUMMADI VASUNDHARA, W/O UMAMAHESWARA RAO, INDIAN, AGED 49 YEARS, OCC: HOUSEWIFE, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 12. GUMMADI PADMAVATHI, W/O VENKATESWARLU, INDIAN, AGED 74 YEARS, OCC: HOUSEWIFE, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 13. GUMMADI KOTESWARA RAO, S/O VENKATESWARLU, INDIAN, AGED ABOUT 47 YEARS, OCC: CULTIVHTION, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 14. CHELLU KONDALA RAO, S/O VENKATESWARA RAO, INDIAN, AGED 45 YEARS, OCC: CULTIVATION, R/O TUMMALAPALEM, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 15. CHELLU RAMA RAO, S/O GOPALA KRISHNAIAH, INDIAN, AGED 46 YEARS, OCC: CULTIVATION, RIO TUMMALAPALEM, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 16. VALIVETI UMAMAHESWATA RAO, S/O KRISHNA RAO, INDINA, AGED 44 YEARS, OCC: CULTIVATION, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MARUDAL, KRISHNA DISTRIET. 17.
M. SEETHA RAMA KRISHNA RAO, S/O VENKATESWARA RAO, INDIAN, AGED 48 YEARS, OCC: CULTIVATION, R/O
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3 TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL,. KRISHNA DISTRICT. 18. Y. VIJAYA LAKSHMI, W/O Y.S.K. MURTHY, INDIAN, AGED 62 YEARS, OCC: CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 19. KILARU SWAMULU, S/O VEERAIAH, INDIAN, AGED 75 YEARS, OCC: CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 20. KILARU PURNACHANDRA RAO, S/O VEERAIAH, INDIAN, AGED 7-7 YEARS, OCC: CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 21. KILARU RAMANA RAO, S/O VEERAIAH, INDIAN, AGED 70 YEARS, OCC: CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 22. CH. RAMAKOTESWARA RAO, S/O SUBBA RAO, INDIAN, AGED 60 YEARS, OCC; CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 23. Y. RADHA RANI, W/O Y. SREEDHAR, C/O JASTI SUBBA RAO, INDIAN, AGED 43 YEARS, OCC: HOUSEWIFE, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 24. P. VENKATESWARA RAO @ VENKATESWARLU, S/O PAPA RAO, INDIAN, AGED 52 YEARS, OCC: CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 25. NIMMAGADDA RAJA SEKHAR, S/O NAGESWARA RAO, INDIAN, AGED 40 YEARS, OCC: CULTIVATION, R/O 3-17, GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 26. P. HASWANTH, S/O. VENKATESWARA RAO, INDIAN, AGED 21 YEARS, OCC: STUDYING, R/O GUNTUPALLI VILLAGE., IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 27. BOMMASANI SRINIVASA RAO, S/O. MALLIKARJUNA RAO, INDIAN, AGED 38 YEARS, OCC: CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. JS,J WP No.15005/2015
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28. CHELLU NAGA SANKARA RAO, S/O HANUMANTHA RAO, INDIAN, AGED 56 YEARS, OCC: CULTIVATION, R/O TUMMALAPALEM VILLAGE, IBHRAIMPATNAM MANDAL;
KRISHNA DISTRICT. 29. CHELLU NAGARAJU, S/O NAGA SANKARA RAO, INDIAN, AGED 26 YEARS, OCC: CULTIVATION, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 30. NIMMAGADDA MURALI KRISHNA, S/O NAGESWARA RAO, INDIAN, AGED 47 YEARS, OCC: CULTIVATION, R/O GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 31. PARVATHANENI MANIDEEP KRISHNA, S/O PANDURANGA RAO, INDIAN, AGED 20 YEARS, OCC. CULTIVATION, R/O TUNUTALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 32.
PARVATHANENI VIJAYA KRISHNA, S/O. SAMBASIVA RAO, INDIAN, AGED 25 YEARS, OCC: CULTIVATION, R/O TUMMALAPALEM VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) AND
1. UNION OF INDIA, MINISTRY OF ENERGY, DEPARTMENT OF POWER, REP. BY ITS PRINCIPAL SECRETARY, NEW DELHI. 2. THE POWER GRID CORPORATIPN OF INDIA LIMITED, (GOVERNMENT OF INDIA ENTERPRISES), REP. BY ITS CHAIRMAN – CUM - MANAGING DIRECTOR, REGD. OFFICE, B-9, QUTAB INSTITUTION AREA, KATWARIA SARAI, NEW DELHI. 3. THE GENERAL MANAGER, POWER GRID CORPORATION OF INDIA, LIMITED, (GOVERNMENT OF INDIA ENTERPRISES), 6-6-8/32, OLD PRAGA TOOLS COMPLEX, KAVADIGUDA, SECUNDERABAD-500080. 4. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LIMITED, (GOVERNMENT OF INDIA ENTERPRISES), C.A.O.-T.L.(SRSS-XVIII) KAGITALAPUR ROAD, PIDUR (PO), MANUBOLU MANDAL, S.P.S.R.
NELLORE DISTRICT. PIN: 524405. JS,J WP No.15005/2015
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5. AUTHORIZED REPRESENTATIVE, POWER GRID CORPORATION OF INDIA LIMITED, (GOVERNMENT OF INDIA ENTERPRISES), C.A.O.-T.L.(SRSS-XVIII) KAGITALAPUR ROAD, PIDUR (PO), MANUBOLU MANDAL, S.P.S.R. NELLORE DISTRICT. PIN: 524405. 6. THE STATE OF ANDHRA PRADESH DEPARTMENT OF ENERGY, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, HYDERABAD. 7. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, KRISHNA, MACHILIPATNAM. 8. THE JOINT COLLECTOR, KRISHNA, MACHILIPATNAM. 9. THE SUB-COLLECTOR
& SUB-DIVISIONAL MAGISTRATE, VIAYAWADA, KRISHNA DISTRICT. 10. THE TAHSILDAR & MANDAL EXECUTIVE MAGISTRATE, IBRAHIMPAMAM MANDAL, KRISHNA DISTRICT. 11. THE JOINT DIRECTOR, DEPARTMENT OF AGRICULTURE, MACHILIPATNAM, KRISHNA DISTRICT. 12. THE ASSISTANT DIRECTOR OF HORTICULTURE, PATAMATA SUB-REGISTRY OFFICE ROAD, BENZ COMPANY, VIJAYAWADA, KRISHNA DISTRICT. 13. THE COMMISSIONER OF POLICE, VIJAYAWADA KRISHNA DISTRICT. 14. ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, VIJAYAWADA. 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 to Issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, by declaring the order, dated 24-12-2003, issued by the Ministry of Power Vide SO NO.
1463(E) authorizing Power Grid Corporation Of India Limited to exercise all the powers vested in the Telegraph Authority under part III of the Indian Telegraph Act 1885 in respect of the electric lines and electric plant etc., as illegal, arbitrary, unauthorized and in violation of the provisions of the Electricity Act 2003 and consequently liable to be set aside the said order, (B) by declaring the impugned notice, dated 20-05-2015 issued to the petitioners NO.24 to 26 & 30 under the provisions of the Indian Telegraphic Act, 1885 issued by 5th Respondent as illegal, arbitrary,
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6 discriminatory and in violation of the principles of the natural justice and in violation of Articles 13, 14, 19, 21 and 31A in General' and Article 300-A of Constitution of India in Particular and consequentially set aside the same, (C) By declaring the action of the respondent in changing the original alignment and location as mentioned in the Details of the land 'owners location wise i.e. Ex-P1 and deviating the same for the purpose of entering into the lands of the petitioners and others as illegal, arbitrary, malafide, discriminating and violation of Article 13, 14, 19 & 21, 31A and 300- A of the Constitution of India and consequently direct the respondent§ not change the original alignment and design as per location in Ex-P1 document, (D) by declaring the action of the respondents from 2 to 10 & 13 in entering into the lands of the petitioners in not issuing the notices to many of the petitioners in whose lands, the Transmission towers' and Lines are passing through, in not considering the objections raised by some of the petitioners as arbitrary, malafide, discriminatory and contrary to the provisions of the Indian Electricity Act 2003 and Rules 2006 regarding Works of the Licensee and in violation of the principles of natural justice and in violation of the Articles 13, 14, 19, 21 and 31A in General and Article 300-A of Constitution of India in Particular and consequently direct the respondent not to enter into the land of the petitioners situated in Tunimalapalem village and Guntupalli Villages, Ibrahimpatnam Mandal, Krishna District for laying transmission lines, without consent, without considering objections raised by the petitioners, without notice, without determining the compensation payable to them.
IA No.1 OF 2015 (WPMP 19470 OF 2015)
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 suspend the impugned notice, dt. 20.05.2015 issued to the petitioners No.24 to 26 & 30 under the provisions of the Indian Telegraphic Act, 1885 issued by the 5th Respondent pending disposal of the above writ petition. IA No.2 OF 2015 (WPMP 19471 OF 2015)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,
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7 the High Court may be pleased direct the respondents not to entering into the lands of the petitioners situated in the village of Tummalapalem and Guntupalli Villages, Ibrahimpatnam Mandal, Krishna District, by deviating the original alignment, design and Ex- P1 location particulars, pending disposal of the above writ petition. Counsel for the Petitioner(S):
1. SUJATHA KUDARAVALLI
Counsel for the Respondent(S):
1. M UMA DEVI (CENTRAL GOVT COUNSEL)
2. GP FOR HOME (AP)
3. S GANESH
4. GP FOR REVENUE (AP)
5. ADDL ADVOCATE GENERAL (AP)
6. GP FOR ENERGY (AP)
7. GP FOR AGRICULTURE (AP)
The Court made the following:
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ORDER:
When the matter is taken up for hearing, Smt. Sujatha Kudaravalli,
learned counsel for the petitioners, fairly submits that cause in the Writ Petition does not survive for adjudication and the matter has become infructuous.
Recording the aforesaid submission, the Writ Petition is dismissed as infructuous. No order as to costs.
Consequently, Miscellaneous Applications pending, if any, shall stand closed.
__________________________ JUSTICE SUMATHI JAGADAM Date: 08.09.2025 DSH