APHC010298072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15107/2025 Between: 1. DOKALA GOVINDA, S/O D. KALYANAM, AGED ABOUT 57 YEARS, R/O D. NO 2-134/2, VIKALANGULA COLONY, NEAR BALAJI TEMPLE, MADHURAWADA, VISAKHAPATNAM - 530 048. PHONE NO 95538 86204, EMAIL ID NIL, AADHAAR NO 7929 3503 5394. 2. CHINNI MANGATAYARU,, W/O C.R. VIJAY KUMAR, AGED ABOUT 61 NO 9-38-48, RAYAPALEM, SANGIVALASA,YEARS, R/O D. BHEEMUNIPATNAM, VISAKHAPATNAM -531 163. PHONE NO 955 3886204, EMAIL ID NIL, AADHAAR NO 2946 1478 3662. ...PETITIONER(S) AND 1. THE ASSISTANT EXECUTIVE ENGINEER, OPERATIONS, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, APEPDCL OFFICE, SRI SURYA TULASI NAGAR, POTHINAMALLAYYA PALEM, VISAKHAPATNAM - 530 041. PHONE NO 7382299932, EMAIL ID AEE OPN PMPLM@APEASTERNPOWER.COM 2. THE ASSISTANT DIVISIONAL ENGINEER, OPERATIONS, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, APEPDCL OFFICE, SRI SURYA TULASI NAGAR, POTHINAMALLAYYA PALEM, VISAKHAPATNAM - 530 041. PHONE NO 9440812501, EMAIL ID DEE OPN MDWD@APEASTERNPOWER.COM 2 3. THE DIRECTOR OPERATIONS, , EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, APEPDCL CORPORATE OFFICE, D. NO 50-27-5/1, P AND T COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530 016. PHONE NO 9440812555, EMAIL ID DIRO@APEASTERNPOWER.COM 4. EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LTD, REP. BY THE CHAIRMAN AND MANAGING DIRECTOR, APEPDCL CORPORATE OFFICE, D. NO 50-27-5/1 SEETHAMMADHARA, VISAKHAPATNAM - 530 016. PHONE 0891- 2853888, EMAIL ID CMD@APEASTERNPOWER.COM P AND T COLONY II, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, GVMC OFFICE, D. NO 8-151, KRISHNA NAGAR, SRINIVASA NAGAR, MADHURA A ACLA, VISAKHAPATNAM - 530 048, PHONE NO 9848933236. 5. THE ASSISTANT CITY PLANNER, ZONE II, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, GVMC OFFICE, D. NO 8-151, KRISHNA NAGAR, SRINIVASA NAGAR, MADHURA A ACLA, VISAKHAPATNAM - 530 048, PHONE NO 9848933236. 6. THE ZONAL COMMISSIONER, , ZONE - II, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, GVMC OFFICE, D. NO 8-151, KRISHNA NAGAR, SRINIVASA NAGAR, MADHURAWADA, VISAKHAPATNAM - 530 048, PHONE NO 9848366878. 7. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GVMC OFFICE, DWARAKANAGAR, VISAKHAPATNAM - 530 004, EMAIL ID CDMA AP(A)CDMA.QOV.IN. 8. MAGGURI VENKATA RAO, S/O (L) M. RAMARAO, AGED ABOUT 60 YEARS. PRESIDENT OF SRI SAI RESIDENTIAL WELFARE ASSOCIATION, REGD NO 117/2022, R/O D. NO. 20149, MIG- LL/149, MIDHILAPURI VUDA COLONY, MADHURAWADA, VISAKHAPATNAM - 530 041. PHONE NO 9247727747. 9. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AND URBAN SECRETARIAT, VELAGAPUDI, AMARAVATI, DEPARTMENT OF MUNICIPAL ADMINISTRATION DEVELOPMENT, A.P. GUNTUR, ANDHRA PRADESH - 522 503. 3 ...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 to may be pleased to a. Issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the actions of respondent 1 in passing undated order with subject EPDCL-OS-PM Palem - Town Planning wing - removal of unauthorised buddies falls of road portion in front of Wine Shop, Ward No 07 - Disconnection of Electricity Service connection Notice issued regarding and further disconnecting the petitioners electricity service vide connection no 116597M024002251 on 31-05-2025 at the behest of the 5th and 8th respondents as illegal, unjust, without any authority of law or jurisdiction and violative of principles of natural justice, and consequently direct the respondents 1 to 4 to restore and maintain the said power supply to the petitioners service connection forthwith by considering the request of the petitioners for restoration of the power supply to the said connection. and Service connection b. Issue a writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the actions of respondent 5 in addressing respondents 1 and 2 via RC. No. 01/2025/ACP-ll Dt. 16- 05-2025, which directs the disconnection of the electricity service for connection no 116597M024002251 to the petitioners pan shop, labelling it as an unauthorised baddi at the behest of the 8th respondent, despite the petitioners legally operating the pan shop baddi by obtaining a trade license, regularly paying trade licence tax and municipal tax as illegal, unjust, lacking any authority of law or jurisdiction, and in violation of the principles of natural justice. Issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the actions of respondent 1, 2, 5 and 6 in selectively targeting the petitioners pan shop for removal at the behest of the respondent, while permitting approximately 150 other pan shops in the same area to continue operations, further not having any compassion and regard towards physical disability of the 1st petitioner is illegal, arbitrary, discriminatory and violative of the fundamental rights of the petitioners guaranteed under Article 14, 19, 21 and also violative of Article 301 of the Constitution of India, and consequently direct the respondents 1 to 9 to refrain from interfering with petitioners lawful business except by following due process of law. and to pass any such IA NO: 1 OF 2025 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 4 may be pleased to direct the respondents 1 to 9 not to interfere with the petitioners' pan shop, pending disposal of this Writ Petition as it is the sole source of livelihood of the petitioner and his family, and to pass such IA NO: 2 OF 2025 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 may be pleased to suspend the operation of proceedings vide RC. No. 01/2025/ACP-ll Dt. No. 01/2025/ACP-ll Dt. 16-05-2025, through which the 5th respondent requests the 2 respondent to disconnect the electricity service for connection no; 116597M024002251 of the petitioners' pan shop, labelling it as an unauthorised baddi and further stating to remove the baddi, pending disposal of this Writ Petition and to pass such IA NO: 3 OF 2025 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 may be pleased to suspend the operation of proceedings in an undated order with subject; „EPDCL-OS-PM Palem Town Planning wing unauthorised buddies falls of road portion in front of Wine Shop, Ward No: 07 - Disconnection of Electricity Service connection Notice issued regarding‟ issued by the 1st respondent pertaining to petitioners‟ pan removal of shop bearing electricity service connection no: 116597M024002251 , pending disposal of this Writ Petition and consequently direct the respondents 1 to 4 to restore and maintain the said power supply to the petitioners‟ service connection forthwith by considering the request of the petitioners for restoration of the power supply to the said connection and to pass such Counsel for the Petitioner(S): 1. MEEGADA UDAY SHANKAR Counsel for the Respondent(S): 1. The Court made the following ORDER: Heard Sri B.Sai Praneeth, learned counsel representing Sri M.Uday Sankar, learned counsel for the petitioners, Ms Aishwarya, learned junior standing counsel for respondents 1 to 5 and Sri A.S.C.Bose, learned standing counsel for respondents 6 and 7. 5 2. Learned counsel for the petitioners would contend that the 1st petitioner has been running a Pan Shop “Govind Pan Shop” beside Aman Wine Mart, 100 feet road, Midhilapuri Vuda colony, Madhurawada, Visakhapatnam. The 1st petitioner obtained a trade license vide No.TL/26365/2018 from the 7th respondent Corporation. Electricity supply was released vide connection No.116597M024002251 in the name of the 2nd petitioner. The petitioners are paying monthly consumption charges. 3. Be that as it may, the 1st respondent issued a notice intimating the petitioners that the power connection will be removed within seven days. Thereafter, the power was disconnected on 31.05.2025. 4. Ms. Aishwarya, learned junior standing counsel for respondents 1 to 5 on instructions would submit that the Assistant City Planner informed the 1st respondent about removing unauthorized baddis on the road portion infront of wine shop and requested to remove electric service connection vide Rc.No.01/2025/ACP-II, dated 16.05.2025. In pursuance of the said communication the notice impugned in the writ petition was issued. Thereafter, the power connection was disconnected on 31.05.2025. 5. Consideration: A perusal of Ex.P1, impugned in the writ petition, neither has a date nor a provision of law. The authority directed the petitioner to remove the consumables within seven days to disconnect the power supply. 6. Apex Court in Dilip (Dead) through LR’s vs. Satish and others1, observed that electricity is a basic amenity of which a person cannot be deprived. 7. In the case at hand, even the references in the proceedings were not furnished to the petitioners. Apart from the same, several shops, as seen from the photographs, were erected on either side of the 100-foot road. If the local 1 (2022) SCC online SC 810 6 authority intends to remove the alleged encroachments, they have to follow the procedure contemplated under the Municipal Corporation Act or any other Act in vogue. 8. At this juncture, learned counsel for the petitioners would contend that the service connection to the petitioners' shop alone was disconnected. The same was not denied by the respondents. 9. Since the service connection was disconnected to the petitioners‟ shop, without following the procedure known to law, this Court deems it appropriate to dispose of with the following directions: i. The 1st respondent shall restore the electricity service connection to the petitioners' shop vide connection No.116597M024002251, Govind Pan Shop beside Aman Wine Mart, 100 feet road, Midhilapuri Vuda colony, Madhurawada, Visakhapatnam, forthwith; ii. The petitioners shall continue paying the consumption charges; iii. This order will not preclude the 1st respondent from initiating necessary proceedings by following the General Terms and Conditions of Supply and also the provisions of the Electricity Act, 2003. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 26.06.2025 SNI 7 183 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15107/2025 Date: 26.06.2025 SNI