UMA KRISHNA KUMARI DANTHULURI v. The State of Andhra Pradesh,
WP/17308/2025 · 2025-07-22
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24522 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24522 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010345962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 ^'s 0™: If/OfiM III \ WEDNESDAY, THE TWENTY THIRD DAY OF JULY^Vo^^ TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17308 OF 2025 S' ! ■V / J -¥■ Between: Smt. Uma Krishna Kumari Danthuluri, W/o. Koteswara Raju, aged 65 R/o. 104 Gowtham residency, vamsi Krishna nagar, Bhimavaram, West Godavari District. years. ...Petitioner AND
1. The State of Andhra Pradesh, represented by its Principal Secretary Energy Department Secretariat Buildings Amaravathi Guntur District. 2. The Chairman and Managing Director, CPDCL Corporate office Vijayawada, Krishna (D). 3. The Superintendent Engineer, Operation, CPDCL, Vijayawada. 4. The Executive Engineer, operations, CPDCL, Machilipatnam. 5. The Deputy Executive Engineer, Operation, CPDCL, Machilipatnam. 6. The Asst Executive Engineer, CPDCL, Machilipatnam. 7. The Asst Accounts Officer, CPDCL, Electricity Revenue Machilipatnam, Krishna District at Office, ...Respondents 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 order. Writ or Direction more particularly in the nature of
f 7 Writ of Mandamus declaring the highhanded action of the Respondent Authorities in trying to disconnecting Petitioner Aqua tank electricity connection number 6223343000462 situated in Pedapatnam, Machilipatnam rural, though no arrears are pending, is as illegal, arbitrary, violative of Principles of Natural Justice apart from fundamental rights guaranteed Article 14, 19(1)(g), 21 and 300-A of the Constitution of India service under consequently Aqua tank number 6223343000462 situated in Pedapatnam, Machilipatnam rural Krishna District, pending disposal of the above Writ Petition. / directing the Respondent Authorities not to disconnect Petitioner electricity service connection lA 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 to directing the Respondent Authorities not to disconnect Petitioner Aqua tank number 6223343000462 situated in Pedapatnam, Machilipatnam rural Krishna District, pending disposal of the above Writ Petition. electricity service connection Counsel for the Petitioner: SRI K K DURGA PRASAD Counsel for the Respondent No.1: GP FOR ENERGY I Counsel for the Respondent Nos.
2 to 7: SRI V V SATISH (SC FOR APCPDCL) I The Court made the following order: I
1 / / APHC010345962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17308/2025 Between;
1.SMT. UMA KRISHNA KUMARI DANTHULURl, W/0. KOTESWARA RAJU AGED 65 YEARS, R/0. 104 GOWTHAM RESIDENCY, VAMSI KRISHNA NAGAR, BHIMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT SECRETARIAT BUILDINGS /AMARAVATTII GUNTUR DISTRICT. 2.THE CHAIRMAN AND MANAGING DIRECTOR, CPDCL CORPORATE OFFICE AT VIJAYAWADA, KRISHNA (D). 3.THE SUPERINTENDENT ENGINEER, VIJAYAWADA. 4.THE EXECUTIVE MACHILIPATNAM. 5.THE MACHILIPATNAM. 6.THE ASST EXECUTIVE ENGINEER, , CPDCL, MACHILIPATNAM. 7.THE ASST ACCOUNTS OFFICER, . CPDCL, ELECTRICITY REVENUE OFFICE, MACHILIPATNAM, KRISHNA DISTRICT 1.THE OPERATION, CPDCL, ENGINEER, OPERATIONS, CPDCL, CPDCL, DEPUTY EXECUTIVE ENGINEER, OPERATION ...RESPONDENT(S): Counsel for the Petitioner:
1.K K DURGA PRASAD
2 Counsel for the Respondent(S):
1.GP FOR ENERGY The Court made the following: oralordfr- Heard Sri K.K. Durga Prasad, learned and Sri V.V. Sathish, learned Standing Counsel Counsel for the Writ Petitioner forAPCPDCL. 2. Sri V.V. Sathish, learned Standing Counsel for APCPDCL the Written Instructions furnished has submitted Engineer, IS supplied to the same is taken on record. The relevant portion of the said Written Instruction is usefully extracted hereunder: by the Deputy Executive Operation, APCPDCL, Rural/Machilipatnam. Copy of it i Counsel for the Writ Petitioner and the 'Again on 03.07.2025 Notice was issued for second Temisrit x' "
" available atT premises. The Xerox copies of acknowledgments enclosed. At present is Smt. Madhuri Dantulun is cultivating Prawn Tanks duly availing supply from the service Number.6223343000462 of Smt. Uma Krishna Kumari Dantulun. In view of the above the notice issued to pay the said amount of Rs 4 79 291/ present Smt, Umakrishna Kumari. Dantuluri havina are was At
3. The above extract would indicate Service No.6223343000464 has that the defaulter with regard to been illegally availing supply from the Service No. 6223343000462 belonging to the Writ Petitioner herein. Whereas, the impugned Order would indicate that the Official Respondents intend to recover arrears of electricity duties in respect of the Service connection No.6223343000462.
Admittedly, this Service Number belongs to the Writ Service connection with respect Petitioner. The record would indicate that the to the Service No.6223343000464 has been account of mounting arrears of sum of Rs.4,79,292/- and vide the i
Order, the Respondents intend disconnected on 29.02.2024 on - impugned arrears from the Writ to recover these Petitioner herein.
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4. Having considered the facts of the case, this Court is of the opinion that the Service Numbers in respect of the Writ Petitioner and the daughter of the Writ Petitioner (Smt. Madhuri Dantuluri) are entirely different and therefore, the arrears with regard to Service No.6223343000464 cannot be recovered from the Writ Petitioner.
5. However, it is clarified that if the Writ Petitioner has resorted to any other illegality, as indicated in the Written Instruction that the Writ Petitioner has been supplying power to her daughter after the daughter’s service connection has been disconnected on 29.02.2024, the Respondent Authorities are certainly at liberty to initiate proceedings against the Writ Petitioner law. as per
6. With these observations and directions, this Writ Petition stands partly Consequently, the Proceeding dated 25.06.2025 (Ex.P.1) stands quashed.No order as to costs. It is clarified that the Official Respondents are at liberty to initiate Proceedings in accordance with law if there are any other illegalities committed by any of the parties. Interlocutory Applications, if any. stand closed in terms of this order. allowed.
7.
8.
Sd/- K.J. RAJA BABU assistant registrar //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Energy Department, Secretariat Buildings, Amaravati, Guntur District.
2. The Chairman and Managing Director, CPDCL Corporate office Vijayawada, Krishna (D).
3. The Superintendent Engineer, Operation, CPDCL, Vijayawada.
4. The Executive Engineer, operations, CPDCL, Machilipatnam.
5. The Deputy Executive Engineer, Operation, CPDCL, Machilipatnam.
6. The Asst Executive Engineer, CPDCL, Machilipatn
7. The Asst Accounts Officer, CPDCL, Electricity Revenue Office Machilipatnam, Krishna District
8. One CC to Sri K K Durga Prasad, Advocate [OPUC]
9. One CC to Sri V V Satish (SC for APCPDCL) Advocate [OPUC]
10. Two CCs to GP for Energy, High Court of Andhra FTadesh [OUT]
11. Two CD Copies at am. TF
HIGH COURT DATED:23/07/2025
ORDER WP NO. 17308 OF 2025 12 AUG 2025 ivu^rent Sectio^^ ★ ^5^ PARTLY ALLOWING THE W.P. WITHQiUT COSTS